Who can make a valid will.

Under the New Mexico Probate Code, you can make a will if you are at least 18 and of sound mind. Sound mind generally means you understand that you are making a will, roughly what you own, and who your family members are. A will can later be challenged for lack of capacity or undue influence, so how it is signed and who is present both matter.

The signing formalities.

A standard New Mexico will must be in writing and signed by you (or by someone else in your presence and at your direction). It must also be signed by at least two people who witnessed your signing or your acknowledgment of the signature or the will. In practice, we have everyone in the room at the same time.

  • Sign the will in front of both witnesses
  • Have the witnesses sign in your presence and in front of each other
  • Prefer witnesses who do not inherit under the will
  • Never rely on an unsigned draft or a printout nobody witnessed
Witnesses
A beneficiary-witness does not void the will in New Mexico, but avoid it anyway

New Mexico law provides that a will is not invalid just because a witness is also a beneficiary. That differs from some other states. Still, a witness who inherits invites arguments about pressure, so use two people who gain nothing.

The self-proving affidavit: a small step that saves time.

A New Mexico will does not have to be notarized to be valid. But if you and your witnesses also sign a self-proving affidavit before a notary, the court can accept the will for probate without calling the witnesses to testify. People move, forget, or pass away. The affidavit removes that problem, which is why we include one with nearly every will we prepare.

Handwritten wills.

New Mexico does not generally honor a will that is simply handwritten and signed but never witnessed. Handwritten notes can still be evidence of your wishes in some situations, but they should not be treated as a substitute for a properly signed will. If you have one, have it reviewed. If you moved here from a state that accepts handwritten wills, do not assume the same rules apply.

After signing: storage and review.

  • Keep the original in a safe, accessible place and tell your personal representative where it is
  • Tell the person you named where the original is kept
  • Update the will after a marriage, divorce, birth, move, or major change in what you own
  • A codicil or new will must meet the same signing rules as the original

New Mexico is a community property state, so your will interacts with how you and your spouse own things. See our guide on community property and your estate, or the main wills page.

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