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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 willA 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.
Handwritten (holographic) willsNo. 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.
Self-proving affidavitYes. 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.

More New Mexico estate law

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.