The New Mexico last will and testament, also known as a will, is a legal document that details the testator’s wishes regarding the distribution of their assets, the upbringing of their children, and other matters after their passing. A personal representative, also known as an executor, is a responsible individual appointed to oversee the distribution of the estate in compliance with the terms of the will.

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Making a will is a crucial step in the estate planning procedure. A last will and testament, sometimes known as just a will, is a legal document that names the guardian of your minor children and states your wishes for the distribution of your assets upon your death. A will can be made by anyone who is at least eighteen years old.

State Statute Governing New Mexico Wills

New Mexico Statutes Chapter 45

New Mexico Will Age Requirements

Age Requirements: An individual eighteen or more years of age who is of sound mind or an emancipated minor who is of sound mind may make a will. ¹

New Mexico Will Signing Requirements

Will Signing Requirements: The will shall be in writing and signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction.

New Mexico Will Witness Requirements

Will Witnessing Requirements: The will must be signed by at least two individuals, each of whom signed in the presence of the testator and of each other after each witnessed the signing of the will.

New Mexico Self-Proved Wills

A will may be simultaneously executed, attested and made self-proved by acknowledgment thereof by the testator and affidavits or affirmations under penalty of perjury of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer’s certificate.

Revoking A New Mexico Will

A New Mexico will can be revoked by creating a new will, by performing a revocatory act on the will such as burning, tearing, canceling, obliterating or destroying the will or any part of it.