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New Mexico Last Will and Testament

A New Mexico will needs two witnesses, not a notary, and does not recognize holographic (handwritten) wills. Free will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called your personal representative, who will administer your estate and carry out those instructions. It can also name a guardian for your minor children. In New Mexico a will must be in writing, signed by the testator (the person making the will), and signed by at least two individuals who each sign in the presence of the testator and of each other, after each witnessed the testator's signing, per NMSA Section 45-2-502. New Mexico does not have a purging rule for interested witnesses: NMSA Section 45-2-505 says the signing of a will by an interested witness does not invalidate the will or any provision of it, so a beneficiary can safely serve as one of the two witnesses. New Mexico does not require a notary to make the will itself valid; the two witnesses are what makes it legal. A notary or other officer authorized to administer oaths is used only for the optional self-proving affidavit under NMSA Section 45-2-504, a sworn statement that lets the will skip live witness testimony at probate. New Mexico has not adopted the holographic-will exception found in some other states; NMSA Section 45-2-502 has no subsection for an unwitnessed handwritten will, so a will entirely in your own handwriting still needs two witnesses to be valid. Any individual 18 years of age or older, or an emancipated minor, who is of sound mind may make a will under NMSA Section 45-2-501. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for minor children.

  2. 2

    New Mexico requires two witnesses. NMSA Section 45-2-502 requires the will to be signed by at least two individuals, each of whom signed in the presence of the testator and of each other after witnessing the testator's signing.

  3. 3

    An interested witness does not void anything. NMSA Section 45-2-505 provides that the signing of a will by an interested witness does not invalidate the will or any provision of it, so New Mexico has no rule that voids a beneficiary-witness's own gift.

  4. 4

    A self-proving affidavit is available and needs a notary or officer. NMSA Section 45-2-504 lets you make the will self-proved with sworn affidavits of the testator and witnesses before an officer authorized to administer oaths, so the will can be admitted to probate without locating the witnesses later.

  5. 5

    New Mexico does not recognize holographic wills. NMSA Section 45-2-502 has no exception for a will in the testator's own handwriting; a handwritten will executed in New Mexico still needs two witnesses to be valid.

  6. 6

    The will itself needs witnesses, not a notary. No notary is required to execute a valid New Mexico will; a notary or other officer is needed only if you choose to add the optional self-proving affidavit described above.

  7. 7

    Minimum age is 18, or an emancipated minor, with sound mind. NMSA Section 45-2-501 lets an individual 18 or older, or an emancipated minor, who is of sound mind make a will. Revoke a prior will with a later will, another signed and witnessed document that expressly revokes it, or a revocatory act such as burning, tearing, canceling, obliterating, or destroying the will with intent to revoke it, under NMSA Section 45-2-507.

Key decisions before you file

Before you file a Last Will and Testament in New Mexico, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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NEW MEXICO LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, New Mexico, being of sound mind, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have made.

  2. PERSONAL REPRESENTATIVE APPOINTMENT I appoint [PERSONAL REPRESENTATIVE NAME] of [CITY], New Mexico, to serve as personal representative of my estate. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative. My personal representative shall have all powers granted under New Mexico law to administer my estate, pay my debts and expenses, and distribute my property according to this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here: describe each item or sum of money and the beneficiary who receives it. If naming a guardian for minor children, state that here as well.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, meaning everything not specifically given above, to [RESIDUARY BENEFICIARY NAME]. If that beneficiary does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I sign this will in the presence of the two witnesses named below, and I declare to them that this document is my Last Will and Testament. Under NMSA Section 45-2-502 at least two individuals must sign this will, each in the presence of the testator and of each other, after each witnessed the testator's signing. New Mexico has no rule voiding a beneficiary's own gift for serving as a witness, but using disinterested witnesses where possible can help avoid any appearance of undue influence.

Signed: _____________________________ Date: [DATE] [TESTATOR NAME], Testator

Witness 1: _____________________________ Address: [ADDRESS] [WITNESS 1 NAME]

Witness 2: _____________________________ Address: [ADDRESS] [WITNESS 2 NAME]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) New Mexico recognizes a self-proving affidavit under NMSA Section 45-2-504. Attaching this sworn affidavit lets the will be admitted to probate without locating the witnesses later. It requires an officer authorized to administer oaths, the only signature block in this document that does.

STATE OF NEW MEXICO, COUNTY OF [COUNTY] We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, declare to the officer that the testator signed this will and that each witness signed as a witness in the presence of the testator and of each other.

_____________________________ (Testator) _____________________________ (Witness 1) _____________________________ (Witness 2)

Sworn to and subscribed before me by [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], this [DATE].

Officer Authorized to Administer Oaths, State of New Mexico

Note: This will is governed by NMSA 1978, Chapter 45, Article 2, Part 5. New Mexico does not recognize holographic (handwritten, unwitnessed) wills, so a document lacking two qualifying witness signatures above is not a validly executed will here. Keep this signed will, and the self-proving affidavit if you complete one, somewhere safe and tell your personal representative where to find both documents when the time comes. This is a New Mexico skeleton for a last will and testament, not a substitute for reviewing your full estate plan. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in New Mexico in about a minute, and notarize it online through DocDraft if it does.

New Mexico Requirements for Last Will and Testament

Sign in Writing With Two Witnesses Present

New Mexico requires the will to be in writing, signed by the testator, and signed by at least two individuals, each of whom signed in the presence of the testator and of each other after witnessing the testator's signing, under NMSA Section 45-2-502.

Any Generally Competent Individual May Witness

Under NMSA Section 45-2-505, an individual generally competent to be a witness may act as a witness to a New Mexico will. New Mexico has no separate age requirement for witnesses beyond this general competency standard.

An Interested Witness Does Not Void Any Gift

Under NMSA Section 45-2-505, the signing of a will by an interested witness does not invalidate the will or any provision of it. New Mexico has no purging statute that voids a beneficiary-witness's own gift, unlike some other states.

No Notary Is Required for the Will Itself

A notary is not required to make a New Mexico will valid; two witnesses satisfy NMSA Section 45-2-502. A notary or other officer authorized to administer oaths is needed only if you add the optional self-proving affidavit under Section 45-2-504.

Self-Proving Affidavit Is Optional but Needs an Officer

NMSA Section 45-2-504 lets you make the will self-proved with sworn affidavits of the testator and witnesses before an officer authorized to administer oaths, either at the same time as signing the will or attached later. This avoids having to locate witnesses at probate, but is not required for the will itself to be valid.

Holographic (Handwritten, Unwitnessed) Wills Are Not Recognized

New Mexico has not adopted a holographic-will exception. NMSA Section 45-2-502 requires signing by at least two witnesses with no exception for a will entirely in the testator's own handwriting.

Minimum Age and Capacity to Make a Will

Under NMSA Section 45-2-501, an individual 18 years of age or older, or an emancipated minor, who is of sound mind may make a will. New Mexico courts also consider whether the testator understood the act of making a will, the extent of the estate, and the natural objects of their bounty.

Revoke With a Later Will, Document, or Act

Revoke a New Mexico will by executing a subsequent will that revokes it expressly or by inconsistency, by executing another document made in the manner required for a will or self-proving affidavit that expressly revokes it, or by a revocatory act such as burning, tearing, canceling, obliterating, or destroying the will with intent to revoke it, under NMSA Section 45-2-507.

Does your Last Will and Testament need to be notarized in New Mexico?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Two. NMSA Section 45-2-502 requires the will to be signed by at least two individuals, each of whom signed in the presence of the testator and of each other after witnessing the testator's signing. A beneficiary can serve as one of the two witnesses without any penalty, since NMSA Section 45-2-505 provides that signing by an interested witness does not invalidate the will or any provision of it.

No, not to be valid. A New Mexico will is made valid by two witnesses under NMSA Section 45-2-502, not by a notary. A notary or other officer authorized to administer oaths is used only for the optional self-proving affidavit under NMSA Section 45-2-504, a sworn statement the testator and witnesses sign that lets the will skip live witness testimony at probate. Skipping the affidavit does not make the will invalid, it just means witnesses may need to testify later.

Not on handwriting alone. New Mexico has not adopted a holographic-will exception. NMSA Section 45-2-502 requires every will, including one entirely in the testator's own handwriting, to be signed by at least two witnesses in the testator's presence and each other's presence. Without those two witnesses, a handwritten document is not a validly executed New Mexico will.

Put your wishes in writing, sign it (or have someone sign in your name in your conscious presence and at your direction), and have at least two individuals sign as witnesses in your presence and each other's presence, per NMSA Section 45-2-502. Naming a personal representative and, if applicable, a guardian for minor children are the other core decisions the document should cover. Consider adding the optional self-proving affidavit under Section 45-2-504 at signing to simplify probate later.

A valid New Mexico will must be made by a testator who is at least 18, or an emancipated minor, and of sound mind (NMSA Section 45-2-501), and it must be in writing, signed by the testator, and signed by at least two witnesses who each sign in the presence of the testator and of each other under Section 45-2-502. A notary is not required for validity, only for the optional self-proving affidavit.

It is an optional sworn affidavit of the testator and the witnesses, made before an officer authorized to administer oaths, that can be executed with the will or attached later under NMSA Section 45-2-504. A self-proved will can be admitted to probate without the testimony of any witness, and a signature on the affidavit is treated as a signature on the will if needed to prove due execution.

18. NMSA Section 45-2-501 lets an individual 18 years of age or older, or an emancipated minor, who is of sound mind make a will. New Mexico courts also look at whether the testator understood the act of making a will, the extent of the estate, and the natural objects of their bounty.

By executing a subsequent will that revokes the previous will or part of it, expressly or by inconsistency; by executing another later document, signed and witnessed (or made self-proved) in the manner required for a will, that expressly revokes the previous will or part of it; or by a revocatory act, such as burning, tearing, canceling, obliterating, or destroying the will, done by the testator or by another at the testator's direction and in the testator's conscious presence, with the intent to revoke, under NMSA Section 45-2-507.