How to Create a Valid Will in New Mexico: A Simple Guide

Creating a will might sound complicated, but it doesn’t have to be. A will is a technical document that says what you want to happen to your assets—like your house, money, or favorite things—after you pass away. In New Mexico, there are some easy rules to follow to make sure your will is legal and works the way you want it to. Let’s break it down step by step so you can feel confident about making your own will. Because creating a will is so important, and may implicate legal issues that are not even on your radar, it is always strongly advised to get a lawyer's help when creating a will.

Who Can Make a Will?

First, you need to be the right age and in the right mindset. In New Mexico, you can make a will if you’re at least 18 years old or if you’re a teenager who’s legally considered an adult. You also need to be “of sound mind.” That just means you understand what a will is, know what stuff you own, and can decide who you want to give it to. It’s not about IQ level—it’s about being clear-headed when you make your choices. This comes from New Mexico law, specifically the Uniform Probate Code (NMSA 1978, § 45-2-501).

What Makes a Will Legal in New Mexico?

To make your will count in New Mexico, it has to follow a few simple rules:

1. It Must Be Written Down

   
   

   You can’t just tell people what you want or record it on your phone. The will has to be on paper—typed or handwritten is fine, as long as it’s something you can hold. New Mexico doesn’t accept spoken wills. This rule is set by NMSA 1978, § 45-2-502.

2. You Have to Sign It

   
   

   Your signature is essential. It shows the will is really yours. If you can’t sign it yourself (maybe because your hands don’t work well), you can ask someone else to sign your name for you. But you have to be there watching them do it, and you need to tell them to do it. This is also part of NMSA 1978, § 45-2-502.

3. Two Witnesses Need to Sign Too

   
   

   You’ll need two people to watch you sign your will (or watch someone sign it for you). Then, they sign it too, in your presence, while they are watching each other sign. This proves you weren’t forced into it and that it’s real. These witnesses should be adults, and it’s best if they’re not people who are getting anything from your will—like your kids or spouse—so no one can say they were sneaky about it. The witnesses have to sign while you’re all together, not later. Refer to NMSA 1978, § 45-2-502 for this requirement.

What Should You Put in Your Will?

Your will is your chance to say who gets what. Here are some things to think about including:

• Your Stuff: Decide who gets your house, car, money, or special items like jewelry or a guitar.

• People You Trust: Pick someone to be in charge of making sure your wishes are carried out. This person is called your “personal representative” or “executor.” See NMSA 1978, § 45-3-203 for more on this role.

• Kids: If you have young kids, you can name someone to take care of them if you’re not around. This is called a guardian (NMSA 1978, § 45-5-202).

Make sure your will is clearly written so there’s no confusion. For example, say, “I give my red truck to my son, Jake,” instead of just “my truck to Jake,” especially if you have more than one truck!

Again, because setting up a will is so important, and because it is easy to miss key issues, it goes without saying that it is always best to get help from a lawyer with estate planning experience.