How to Make a Valid Will in New Mexico
What New Mexico law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: A person 18 or older, or an emancipated minor, who is of sound mind may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at their direction), and signed by at least two witnesses, each of whom signs in the… NMSA 1978, §§ 45-2-501, 45-2-502
| Requirements for a valid will | A person 18 or older, or an emancipated minor, who is of sound mind may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at their direction), and signed by at least two witnesses, each of whom signs in the presence of the testator and of each other after watching the testator sign. Re-verified 2026-10-27. Source: NMSA 1978, §§ 45-2-501, 45-2-502 |
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| Handwritten (holographic) wills | No. New Mexico's will statute requires two witnesses and has no exception for handwritten (holographic) wills. A will made elsewhere may still be valid if it met the law of the place where it was signed. The statute's only exceptions are for wills valid under another place's law (§ 45-2-506) and separate writings listing tangible personal property (§ 45-2-513). Re-verified 2026-10-27. Source: NMSA 1978, § 45-2-502 |
| Self-proving affidavit | Yes. A will can be made self-proved at signing or later: the testator and witnesses sign sworn affidavits before a notary or other officer who gives oaths, using the statutory form, and the officer certifies them under seal. Re-verified 2026-10-27. Source: NMSA 1978, § 45-2-504 |
More New Mexico estate law
- Medical Power of Attorney in New Mexico
- Small Estate Affidavit in New Mexico
- Power of Attorney in New Mexico
- Quitclaim Deeds and Transferring Property in New Mexico
- Who Inherits If You Die Without a Will in New Mexico
- How Probate Works in New Mexico
- Living Wills and Advance Directives in New Mexico
- Revocable Living Trusts in New Mexico
- Executor Duties in New Mexico
- Letters Testamentary in New Mexico
- Affidavit of Heirship in New Mexico
- How to Avoid Probate in New Mexico
- Transferring a Car After Someone Dies in New Mexico
- All New Mexico wills, probate and estate rules
FAQ
What makes a will valid in New Mexico?
A person 18 or older, or an emancipated minor, who is of sound mind may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at their direction), and signed by at least two witnesses, each of whom signs in the presence of the testator and of each other after watching the testator sign.
Is a handwritten will valid in New Mexico?
No. New Mexico's will statute requires two witnesses and has no exception for handwritten (holographic) wills. A will made elsewhere may still be valid if it met the law of the place where it was signed.
Does a will need to be notarized in New Mexico?
Yes. A will can be made self-proved at signing or later: the testator and witnesses sign sworn affidavits before a notary or other officer who gives oaths, using the statutory form, and the officer certifies them under seal.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.