New Mexico Last Will and Testament

What Is a Last Will and Testament?

New Mexico defines a will as “includes a codicil and any testamentary instrument that merely appoints a personal representative, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. “Will” does not include a holographic will.” (§ 45-1-201(A)(57))

Requirements

To execute a valid will, individuals must:

• The testator must be mentally capable and at least eighteen (18) years of age. (§ 45-2-501)
• Two competent witnesses must sign the will in the testator’s presence. (§ 45-2-502(A)
• The will must be in writing. (§ 45-2-502(A)

Filing

New Mexico does not require the filing of wills during a person’s lifetime. Residents may choose to deposit their wills with probate courts for secure storage.

Sources

1. 1. § 45-1-201(A)(57)
   2. § 45-2-501
   3. § 45-2-502(A)

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