New Mexico Last Will and Testament

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New Mexico Last Will and Testament

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Last updated April 28th, 2026

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

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

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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 Informal Probate of Will

The first step to probating a will is verifying with the district court if any demand for notice of estate probate has been filed.[4]  The personal representative must then file the following with the probate court of the county where the decedent resided[5]:

After receiving Letters Testamentary, the personal representative will have the authority to manage the estate.[6] They 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 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]

Sources

  1. § 45-2-501
  2. § 45-2-502
  3. § 45-2-507(A)
  4. § 45-3-204
  5. §§ 45-3-201(A), 45-3-301, Probate Flow Chart
  6. Probate Flow Chart
  7. §§ 45-3-705, 45-3-706
  8. § 45-2-402, § 45-2-403
  9. §§ 45-3-805(A), 45-3-1003(A)(2)
  10. § 45-3-1003(A)(3), Probate Flow Chart
  11. § 45-3-1201