State requirements
Making a will in New Mexico
New Mexico requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
New Mexico adopted the Uniform Probate Code (UPC). New Mexico recognizes holographic wills. New Mexico is a community property state.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | NMSA § 45-2-501 | 18+ and of sound mind |
| Execution Requirements | NMSA § 45-2-502 | Written, signed, 2 witnesses |
| Holographic Wills | NMSA § 45-2-502(B) | Material portions handwritten |
| Self-Proving | NMSA § 45-2-504 | Available with affidavit |
| Community Property | NMSA § 40-3-8 | Marital property rules |
Execution Requirements
NEW MEXICO WILL REQUIREMENTS (UPC):
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more witnesses within reasonable time
HOLOGRAPHIC WILLS:
✓ Material portions in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Community Property State
NEW MEXICO COMMUNITY PROPERTY:
- Property acquired during marriage is community property
- Each spouse owns 50%
- Can only dispose of your 50% share by will
- Separate property freely disposable
Checklist for New Mexico Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will with material portions handwritten
- •[ ] Community property properly identified
New Mexico will questions, answered
Can I make a will online in New Mexico?
Yes. New Mexico does not require a lawyer to draft a will. A will created online is valid in New Mexico when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in New Mexico?
New Mexico requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does New Mexico require a will to be notarized?
No. Witnesses make a will valid in New Mexico, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in New Mexico?
Yes, New Mexico recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in New Mexico?
A valid New Mexico will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses. Note: New Mexico is a community property state.
Keep reading
All guides →A New Mexico will, witnessed-ready tonight.
The interview asks the right questions, five AI agents review the draft, and your document arrives with New Mexico's exact signing steps.
Start my will — $29This page is general information about New Mexico law, not legal advice. Statutes change — verify current requirements or consult a licensed New Mexico attorney for complex situations.