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Reliable New Mexico last will and testament forms from home
If you die without a last will and testament (“intestate“) in New Mexico, your property will be distributed according to state laws (“intestacy laws“). Under these laws, your entire estate will go to your spouse if you have no children together. If there is no spouse, your property will go to your children and close family, then to distant relatives.
To avoid these laws, you can create a will. Through a will, you can provide for the distribution of your assets as you see fit, including clearly communicating your desires about how your assets are divided, when beneficiaries can inherit, and specifying individuals you prefer not to include. This ensures your assets align precisely with your true intentions, providing clarity and peace of mind for all involved.
With FindLaw, you can easily create a will. Click on the links below to jump down the page:
How it works
It only takes minutes to control your future. Need help? Contact one of our directory attorneys.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time.
Gather information
You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.
Complete your documents
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.
Plan for your future with confidence
This free guide will help you:
Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
What’s next to make my New Mexico last will and testament valid?
Validate your will by following these steps.
Choose your executor
Your executor is the person who will carry out the terms of your last will and testament (your “will”). They will do this through a court-supervised process called probate. You can name an executor in your will. You should choose someone who you trust, and who is willing to take on this responsibility. Many people choose a close loved one such as a spouse, sibling, or a child who is above the age of 18 to manage this legal process.
Choose your beneficiaries
Beneficiaries are the people or entities you would like to leave your property to. You may choose loved ones like children, a spouse, or loved ones. Depending on your circumstances, you may choose to leave assets to a charity or a trust. Creating a trust is especially helpful if you have minor children. When you leave assets to a trust for your children, it allows you to name a trustee who can manage your children’s finances for them. Under New Mexico law, you can even create a special trust for the care of beloved animals called a pet trust. With a pet trust, you can leave assets behind to allow for the care of your pets after your death.
List your assets
Your assets include everything you own, whether real property or personal property. Real property refers to real estate like land, houses, or vacation homes. Your personal property covers all of your other property. Cars, furniture, heirlooms, accounts, and your other personal possessions are personal property. If you want certain items to go to certain people, you should make this clear in your will.
List your non-probate assets
There are certain types of assets that you cannot distribute through your will. These include life insurance policies, trusts, annuities, and retirement policies with named beneficiaries. Policies and accounts with named beneficiaries will pass automatically to the beneficiary upon your death. Further, if you own property jointly, the property will pass directly to the joint owners. You cannot change these designations through your will. But if you provide a comprehensive list of these non-probate properties, it can help your executor handle their distribution and make the beneficiaries aware of them.
List your debts
If you have outstanding debts when you die, your creditors can file claims for payments out of your estate. To help make paying these debts more efficient, you should provide a list of them to your executor. Some common personal debts are credit card debt, mortgages, loans, and more.
Sign your will
You should sign your will or direct someone to sign it for you. There should be at least two witnesses present when you sign. After they witness your signature, they need to sign the will in front of you and each other.
Distribute your will
After signing your will, you should tell your loved ones about it and give a copy to your executor and attorney (if you have one). It’s also a good idea to keep a copy of your will in a safe place that a trusted person can access when the time comes. Under New Mexico law, you have the option to deposit your will at any district court for safekeeping. If you are interested in this option, you should contact your local court to learn about their procedures.
New Mexico last will and testament commonly asked questions
There are a few standard requirements that a New Mexico will must follow:
- Age: You must be at least 18 years of age or an emancipated minor.
- Mental capacity: You must be of sound mind when you sign your will.
- Writing: Your will must be in writing.
- Signature: You must sign your will or direct someone to sign it for you.
- Witnesses: There must be at least two credible witnesses to your signature. After witnessing your signature, they must sign the will in front of you and each other.
Note that New Mexico law does not invalidate any portion of your will if your witnesses are also beneficiaries to the will. But it is best to have witnesses who do not stand to gain anything from your will (disinterested witnesses). This will help to avoid any future accusations of undue influence among loved ones.
You can use your will to provide for the distribution of your property after your death and choose guardians for your minor children. A living will, sometimes called an “advance health care directive,” is a legal document you use to specify your medical care preferences in advance. If you would like to make your own choices about the distribution of your property after your death, you will need a will.
Through a living will, you can make decisions about your medical treatments in advance. You can use it to state whether you would want medical providers to withdraw life-extending treatments in the event that you became terminally ill. Further, a living will allows you to choose whether you would want to receive artificial hydration and nutrition.
No, you do not have to notarize your will in New Mexico to make it legally valid. But it’s a good idea to make your will self-proving. To do so, you will need the services of a notary public.
A self-proving will contains proof of its own authenticity. To make your will self-proving, you and your witnesses need to swear to an affidavit in front of a notary public. The New Mexico statutes provide a blank self-proving affidavit that you and your witnesses can bring to a notary.
If you get divorced after writing your will, any gifts you left to your former spouse will be voided in New Mexico. Whenever you go through significant life changes like divorce, you should review and revise your will.
For example, although you are getting divorced, you might still like to leave an inheritance to your former spouse. In that case, you should create an updated will that states that you would like to leave something to your former spouse. Further, if your former spouse was your executor, you might want to choose a new executor. These changes will require you to modify your will.
If you choose to cut your former spouse out of your will, it is still a good idea to revise your will to reflect your new preferences and avoid any confusion. If you purchase a will through FindLaw, you can update it as frequently as you need to for a full year after purchase.
You can change your will in two ways. To make small changes, you can create an amendment to the will known as a “codicil.” You must sign a codicil in front of two witnesses just as you did with your original will.
If you have to make major changes to your will, you can do so through a new will. Creating a new will is the best option if you have gone through major life events that require you to significantly modify your distributions. With FindLaw, you can change your will as much as you need to within a year of purchase.
To entirely revoke your will, you can create a new will. Just make sure that the new will explicitly revokes all prior wills to avoid confusion. Another way to revoke your will is to physically destroy it. Physical acts that revoke your will include burning, tearing, or canceling with the intention to revoke.
Whenever you create codicils or new wills, you should let your loved ones and executor know about them. To assure that a probate court honors your wishes, you should make sure that your executor has a copy of your most recent will and codicils.
You may want to speak with a lawyer if you:
- Have a past divorce, blended family, or other complex family situation
- Have a high-value estate
- Own a business
- Want to create a special needs trust
- Want legal review of your completed will
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