New Mexico Last Will & Testament Information
A New Mexico Last Will & Testament includes the following requirements:
The testator must be eighteen years old or older.
They must also be of ‘sound mind’.
The Will must be signed by the testator or by someone else in their name (provided it is done under the testator’s direction and in their presence).
The signing of the Will requires at least two witnesses in order to make it valid.
Another requirement to make the Will valid is that it must be in written format.
A New Mexico resident may bequeath their assets to any beneficiaries.
In New Mexico, a will must be proven in probate court before being allowed to open an estate. There is a simpler probate process if the value of the estate is below a certain amount.
In the absence of a will, however, a surviving spouse will inherit the whole estate unless there are shared descendants. In this case, the spouse will gain all the deceased’s community property and a quarter of their separate property, while the children inherit the rest.
Click here if you have any questions about creating a last will in New Mexico.