How to Make a Will in New Mexico

If you're a resident of New Mexico and thinking about making a will, you should understand what a will is and how to create one. A last will and testament (more commonly known as a will) can help protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name a personal representative, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what New Mexico laws require for making a valid will, and what the process looks like.

Steps to Create a Will in New Mexico

Here's a quick checklist for making a will in New Mexico:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In New Mexico, if you die without a will, your property will be distributed according to state "intestacy" laws. New Mexico's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in New Mexico?

Yes. You can make your own will in New Mexico. One option is the state's statutory will—a New Mexico will form available in the state's statutes. The statutory will can be used for a simple will, but it doesn't offer much flexibility. (N.M. Stat. § 45-2A-1 and following (2025).)

Will makers who want more choices might want to consider using Nolo's Quicken WillMaker & Trust. WillMaker & Trust helps people tailor a will to meet their specific needs.

You may want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in New Mexico

To make a will in New Mexico, you must be:

• an individual 18 years of age or older (or an emancipated minor), and
• of sound mind.

(N.M. Stat. § 45-2-501 (2025).)

You must make your will on physical paper. It cannot be on an audio, video, or any other digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.) Type and print your will using a computer, or you can use a typewriter.

How to Sign and Execute My New Mexico Will

To finalize your will in New Mexico:

• you must sign your will in front of two witnesses, and
• your witnesses must sign your will in front of you and each other.

(N.M. Stat. § 45-2-502 (2025).)

New Mexico allows will makers to use "interested" witnesses (witnesses who stand to inherit from the will maker). But it's usually best to have only disinterested witnesses sign your will to avoid arguments that your witnesses wrongfully influenced you into signing your will. (N.M. Stat. § 45-2-505 (2025).)

Do I Need to Have My Will Notarized?

No, in New Mexico, you do not need to notarize your will to make it legal. However, New Mexico allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that states who you are and that each of you knew you were signing the will. (N.M. Stat. § 45-2-504 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. New Mexico currently doesn't allow e-wills, but that may change in the future.

Should I Choose and Appoint a Personal Representative in My Will?

Yes. In New Mexico, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in New Mexico?

In New Mexico, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying all or part of the will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy all or part of the will in front of you with the intent to revoke it
• making a new will that says it revokes the old will or that has contradictory terms to the old will, or
• making another document that says it revokes the will and following the same formalities you used to make your original will (see above).

(N.M. Stat. § 45-2-507 (2025).)

If it's not clear whether a new will revokes an old will or simply adds to it, New Mexico laws determine whether it is revoked. A court will presume you intended to revoke the old will if the new will completely disposes of your estate. If your new will doesn't dispose of your entire estate, New Mexico law presumes that you only intended to add to the old will. In this situation, your executor should follow the instructions in both wills. If there is a term that is contradictory in the wills, your executor should follow the instructions in the new will. (N.M. Stat. § 45-2-507 (2025).)

If you and your spouse divorce (or if a court determines that your marriage is not legal), New Mexico law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. This rule also applies to any of your former spouse's relatives. This rule does not apply if you happen to remarry your spouse or if you specifically state in your will (or divorce decree or contract relating to the division of your property) that divorce should not affect the provisions in your will. (N.M. Stat. § 45-2-804 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find New Mexico's laws about making wills here: New Mexico Statutes, Chapter 45 Uniform Probate Code, Article 2 Intestate Succession and Wills, Part 5 Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on New Mexico wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as probate instructions to the court. If you want to avoid probate in New Mexico, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in New Mexico?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in New Mexico, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the district court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, New Mexico allows will makers to deposit their wills with the district court for safekeeping before they die. Wills deposited with the court will be kept under seal until the will maker's death. After a will maker's death, the court will open the will for probate when it receives a death certificate. (N.M. Stat. § 45-2-515 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that New Mexico doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.