What a will does.
Leaves your property
Says who receives your property — specific items, set amounts, or shares of everything.
Names your executor
Chooses the person who settles your estate (called a personal representative in New Mexico), and can let them act with less court involvement.
Names a guardian
Chooses who raises your minor children if both parents are gone — for many parents, the most important decision in the will.
Protects young beneficiaries
Can hold a child's share in a trust instead of handing it over outright at 18.
What a will doesn't do.
Some assets pass outside your will, by beneficiary designation or by how they're titled: life insurance, retirement accounts, payable-on-death bank accounts, property owned jointly with survivorship rights, transfer-on-death deeds, and trust assets. Those designations control those assets regardless of what your will says — so we review them as part of your plan.
Signing requirements by state.
| Texas | New Mexico | |
|---|---|---|
| Who can make a will | Age 18 or older, or younger if married or in the armed forces | Age 18 or older and of sound mind |
| Witnesses | Two witnesses age 14 or older | Two witnesses who sign in your presence and each other's |
| Handwritten (holographic) will | Valid without witnesses if entirely in your handwriting | Not valid if made in New Mexico without witnesses |
| Self-proving affidavit | Recommended — avoids witness testimony at probate | Recommended — avoids witness testimony at probate |
When to update your will.
- Marriage, divorce, or a new partner
- A child or grandchild is born or adopted
- You move between states — especially between Texas and New Mexico
- You buy real estate, start a business, or receive an inheritance or settlement
- Your executor or guardian can no longer serve
- A beneficiary develops a disability or begins receiving public benefits — see special needs trusts
Will pricing.
A will is a flat $600 per person in both states. Most clients pair it with powers of attorney and health-care directives:
Texas
New Mexico
Part 1 of the NM Advance Health-Care Directive$150
Part 2 of the NM Advance Health-Care Directive$100
Flat fees are per person and cover preparation of each document. The first hour of an estate planning consultation is free; if a consultation runs longer than one hour and you don't purchase an estate planning package, additional time is $300 per hour, prorated to the nearest quarter hour. Court filing and county recording fees, if any, are separate. Prices effective through December 31, 2027.
Common questions.
How much does a will cost?+
Do my spouse and I need separate wills?+
Can I name a guardian for my children in my will?+
Does a will avoid probate?+
I already have a will from another state. Is it still valid?+
Texas estate planning services are provided by Jeff Barnett, Of Counsel (Texas Practice), of Barnett & Leuty, PC, Austin, Texas, licensed in Texas. New Mexico estate planning services are provided by Shawn Barnett, Managing Attorney, licensed in New Mexico. This page provides general information, not legal advice; reading it does not create an attorney-client relationship.