How to Make a Will in New Mexico (2026 Guide)

A will made in New Mexico must be signed by you and by 2 witnesses to be valid. Yes (N.M. Stat. Ann. § 45-2-504). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free New Mexico will covers, generated from the same rules.

Make my free New Mexico will

New Mexico will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	Yes
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	N.M. Stat. Ann. § 45-2-502
Financial POA statute	N.M. Stat. Ann. § 45-5B-101 et seq. (Uniform Power of Attorney Act, 2012)
Healthcare directive statute	N.M. Stat. Ann. § 24-7A-1 et seq. (Uniform Health-Care Decisions Act); optional form at § 24-7A-4

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed in the presence of the testator and of each other after witnessing either the signing or the testator's acknowledgment of the signature or of the will (N.M. Stat. Ann. § 45-2-502(A)). New Mexico's version of the Uniform Probate Code requires the witnesses to sign in the presence of the testator and each other — everyone must be together for the signing. Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (N.M. Stat. Ann. § 45-2-505); use adults who take nothing under the will anyway.

Do you need a notary in New Mexico?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (N.M. Stat. Ann. § 45-2-504). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in New Mexico

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed in the presence of the testator and of each other after witnessing either the signing or the testator's acknowledgment of the signature or of the will (N.M. Stat. Ann. § 45-2-502(A)). New Mexico's version of the Uniform Probate Code requires the witnesses to sign in the presence of the testator and each other — everyone must be together for the signing. Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (N.M. Stat. Ann. § 45-2-505); use adults who take nothing under the will anyway.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (N.M. Stat. Ann. § 45-2-504). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. New Mexico allows a testator (or the testator's agent) to deposit a will with the district court for safekeeping during the testator's lifetime; it is kept confidential and released only to the testator or, after death, to the named personal representative (N.M. Stat. Ann. § 45-2-515). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

New Mexico is a community property state and has no elective share. Each spouse already owns one-half of the community property (N.M. Stat. Ann. § 40-3-8), so a will disposes of only the testator's half plus separate property (N.M. Stat. Ann. § 45-2-805). The surviving spouse is entitled to a family allowance of $30,000 and a personal property allowance of $15,000 regardless of the will (N.M. Stat. Ann. §§ 45-2-402, 45-2-403).

New Mexico is a community property state. Property acquired during marriage is generally owned half by each spouse. A will disposes only of the testator's half plus separate property. Our New Mexico will includes a community property acknowledgment.

Homestead

No special restriction on devising a homestead by will; the homestead exemption from creditors is in N.M. Stat. Ann. § 42-10-9, and the spouse's family and personal property allowances apply (N.M. Stat. Ann. §§ 45-2-402, 45-2-403).

If you die without a will in New Mexico

If you die without a will in New Mexico, your spouse takes all of the community property (N.M. Stat. Ann. § 45-2-102(B)). Your separate property goes entirely to your spouse if you leave no descendants; if you leave descendants, the spouse takes one-quarter of the separate property and your descendants take three-quarters (N.M. Stat. Ann. §§ 45-2-102, 45-2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in New Mexico

• Durable financial power of attorney: N.M. Stat. Ann. § 45-5B-101 et seq. (Uniform Power of Attorney Act, 2012). The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction); a signature acknowledged before a notary public is presumed genuine and is required in practice (N.M. Stat. Ann. § 45-5B-105). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the county clerk before using it for real estate.
• Advance healthcare directive: N.M. Stat. Ann. § 24-7A-1 et seq. (Uniform Health-Care Decisions Act); optional form at § 24-7A-4. New Mexico's statute requires only that an advance health care directive be in writing and signed by the principal; witnesses and notarization are not required (N.M. Stat. Ann. § 24-7A-2). Because other states and many providers expect them, sign before two adult witnesses (not the agent, not related to you, not your health care provider) and a notary public. The statutory form is optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (N.M. Stat. Ann. § 45-2-513).

New Mexico notes

• New Mexico is a community property state (N.M. Stat. Ann. § 40-3-8). Your will controls only your separate property and your one-half interest in community property.
• New Mexico's witnesses must sign in the presence of the testator and of each other (N.M. Stat. Ann. § 45-2-502(A)(3)); do not let a witness sign later.
• New Mexico has adopted the Uniform Statutory Will Act (N.M. Stat. Ann. § 45-2A-1 et seq.). This service's will is not the statutory will; it is a conventional attested will.
• New Mexico does not recognize holographic (unwitnessed handwritten) wills.

Frequently asked questions

How many witnesses does a will need in New Mexico?

New Mexico requires 2 witnesses (N.M. Stat. Ann. § 45-2-502). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed in the presence of the testator and of each other after witnessing either the signing or the testator's acknowledgment of the signature or of the will (N.M. Stat. Ann. § 45-2-502(A)). New Mexico's version of the Uniform Probate Code requires the witnesses to sign in the presence of the testator and each other — everyone must be together for the signing. Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (N.M. Stat. Ann. § 45-2-505); use adults who take nothing under the will anyway.

Does a will need to be notarized in New Mexico?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does New Mexico have a self-proving affidavit?

Yes (N.M. Stat. Ann. § 45-2-504). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in New Mexico?

New Mexico does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in New Mexico?

New Mexico is a community property state and has no elective share. Each spouse already owns one-half of the community property (N.M. Stat. Ann. § 40-3-8), so a will disposes of only the testator's half plus separate property (N.M. Stat. Ann. § 45-2-805). The surviving spouse is entitled to a family allowance of $30,000 and a personal property allowance of $15,000 regardless of the will (N.M. Stat. Ann. §§ 45-2-402, 45-2-403).

What happens if I die without a will in New Mexico?

If you die without a will in New Mexico, your spouse takes all of the community property (N.M. Stat. Ann. § 45-2-102(B)). Your separate property goes entirely to your spouse if you leave no descendants; if you leave descendants, the spouse takes one-quarter of the separate property and your descendants take three-quarters (N.M. Stat. Ann. §§ 45-2-102, 45-2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in New Mexico?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (N.M. Stat. Ann. §§ 45-2-517, 45-3-905).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.