New Mexico Last Will and Testament

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person.

In New Mexico, applications for probate must be filed along with estate papers and the will in order to open an estate. New Mexico offers a simplified probate process that involves filing a sworn affidavit if the value of the estate is below a certain amount.

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In New Mexico, in the absence of a will, a surviving spouse inherits the entire estate unless the decedent and the spouse share descendants, in which case the spouse inherits all of the decedent’s community property and a quarter of the separate property; the descendants inherit the rest.

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, may inherit depending on the closeness of the relation.

Exceptions to ability to distribute property

Not all property can be distributed according to a will. Some exceptions in New Mexico include the following:

• Community property
• Property owned in joint tenancy with right of survivorship
• Life insurance policy and retirement account proceeds
• Entitlement of spouse’s share if spouse is excluded from the will

Form a last will in New Mexico

The basic requirements for a New Mexico last will and testament include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in his conscious presence, by his direction.
• Witnesses: A New Mexico will must be signed by at least two individuals, each of whom signed after witnessing the testator sign the will.
• Writing: A New Mexico will must be in writing.
• Beneficiaries: A testator can leave property to anyone.