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In New Mexico, a last will and testament is a legal document prepared by a person (referred to as a Testator) would create to provide specific instructions on how their estate is to be dispersed after their death. Chapter 45 of the New Mexico Statutes dictate that anyone over the age of 18 years and sound mind may create a will. These statutes also dictate that a New Mexico will need to be signed by two (2) witnesses to be recognized and enforced. While some states may recognize alternative types of wills such as Holographic (Handwritten), or Nuncupative (Oral) Wills.
To complete a last will in New Mexico, the first piece of information that the Testator will need to provide is their full name and complete address. Next, they will need to appoint an individual to execute their will, referred to as an Executor. Once the Executor has been named, the Testator will then move on to declare how their estate will be distributed. This section may be lengthy but should include as much detail as possible to ensure that there is no confusion. Assets can be divided among, children, left to a spouse, given to friends, donated to charity, or any combination that the Testator wishes. Once all of the Testator's wishes have been documented, he or she will sign, followed by two witnesses. Upon completion of all witness signatures, the will may take effect.