New Mexico Last Will and Testament

New Mexico Last Will and Testament

Downloads: 1,625
Last updated April 14th, 2026

A New Mexico last will and testament outlines a person’s instructions for the distribution of their property after death. This document appoints a personal representative to manage the estate and names the devisees who will inherit the estate’s assets through probate.

A New Mexico last will and testament outlines a person’s instructions for the distribution of their property after death. This document appoints a personal representative to manage the estate and names the devisees who will inherit the estate’s assets through probate.

State Laws

  • Minimum Age – 18.[1]
  • Signing Requirements – Testator and two witnesses.[2]
  • How to Revoke – Destroying a will or creating a new will or document revoking the will.[3]

Probate in New Mexico

Petition for Probate of Will

The personal representative named in the will must verify with the district court if any demand for notice of the estate’s probate has been filed.[4] The following must then be filed with the probate court of the county where the decedent resided[5]:

The personal representative must mail devisees a Notice of Informal Appointment of Personal Representative, file a Proof of Notice with the probate court, and complete an Inventory.[6]

The personal representative is responsible for distributing estate assets.[7] The decedent’s surviving spouse (or minor children, if none) is entitled to the statutory allowances before other payments are made.[8] The personal representative must then settle estate expenses, claims, and debts before distributing the remaining assets as instructed in the will.[9]

The personal representative must send an Accounting of the administration to the distributees and parties who filed a demand for notice, and send a Verified Closing Statement to distributees and creditors after filing it with the probate court.[10]

Small Estates

If the total value of the estate does not exceed $50,000, a decedent’s estate can be distributed outside of probate by using an Affidavit for Collection of Personal Property.[11]