In New Mexico, the laws regarding the valid execution and witnessing of a Will are set forth in the New Mexico Statutes, Chapter 45 Uniform Probate Code, Article 2 Intestate Succession and Wills, Part 5 Wills, Sections 45-2-501 through 45-2-505. The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the “testator” or “testatrix”, and (c) signed by two witnesses who were present to witness the execution of the document by the maker and who also witnessed each other sign the document. Most states will also accept a Will that was executed in another state if the document is a valid Will under that state’s law. With a valid Will, a person can legally determine how their property will be distributed… and to whom.Ī Will must meet the legal requirements set forth by the state in order for it to be valid. Even if that person expressed different wishes verbally during their lifetime the statutes control the distribution. If a person dies without a Will the beneficiaries can not dispute the court’s distribution of that person’s estate under the intestacy laws. Low-cost do-it-yourself (D.I.Y.) New Mexico wills are possible in some simple cases and can be found on our companion site,. If a person dies without a Will they are said to have died “intestate” and state laws will determine how and to whom the person’s assets will be distributed. A Last Will and Testament is one of the most important legal documents a person can create during his or her lifetime.
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