Is a Handwritten Will Valid in New Mexico?

Picture this: You’re at home, writing down who you want to get your things—like your house or car—after you’re gone. You use a plain piece of paper, write it all in your own handwriting, and sign it. No lawyer, no witnesses, just you. Can that handwritten will, called a “holographic” will, work in New Mexico? The short answer is no, not by itself. Let’s explain why and what you need to make a will that counts.

What Makes a Will Valid in New Mexico?

In New Mexico, the law has clear rules for a will to be legal. These rules come from the New Mexico Uniform Probate Code, Section 45-2-502. Here’s what you need:

1.     It Must Be Written Down: A will has to be on paper—typed or handwritten works, but it can’t just be something you say out loud.

2.     You Have to Sign It: The person making the will (called the “testator”) needs to sign it. If you can’t sign yourself, you can tell someone else to sign for you, but they have to do it while you’re there.

3.     Two Witnesses Must Sign It: Two people need to watch you sign the will (or see you tell someone else to sign it in your behalf), and then they have to sign it too, in your presence. They should be adults who don’t get anything from the will, just to keep things fair.

These rules make sure the will is real and that you meant to make it. Without witnesses, a handwritten will doesn’t count in New Mexico. Some states let holographic wills (ones that are handwritten and signed but not witnessed) be valid, but New Mexico says no unless those two witnesses are there. So, if you write your will by hand and sign it but skip the witnesses, a court won’t enforce it.

Why Doesn’t a Handwritten Will Work Without Witnesses?

You might think, “But it’s in my handwriting—doesn’t that prove it’s mine?” New Mexico doesn’t see it that way. The law (Section 45-2-502) doesn’t care if it’s all in your handwriting or if you signed it—without two witnesses, it’s not enough. The witnesses are like proof that you weren’t forced or tricked into writing it. For example, if you wrote, “My nephew gets my truck,” and signed it, but no one saw you do it, someone could argue it’s fake or that you weren’t thinking clearly. Witnesses help avoid that mess.