How to make a will in New Mexico

New Mexico will requirements at a glance

How to sign a will in New Mexico

1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
4. Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (NMSA 1978 §45-2-504 (the form recites that witnesses signed in the presence of the testator and each other))
5. Store the original safely and tell your executor where it is. New Mexico also lets you deposit your will with the probate court for safekeeping.

Who can make a will

Anyone 18 or older and of sound mind. An emancipated minor of sound mind may also make a will (NMSA 1978 §45-2-501).

Witness rules

In writing, signed by the testator (or by another in the testator's conscious presence at the testator's direction), and signed by at least 2 witnesses, each signing in the presence of the testator AND of each other after witnessing the testator's signing (NMSA §45-2-502).

If a witness inherits: No effect: signing by an interested witness does not invalidate the will or any provision (NMSA §45-2-505).

Handwritten wills

Not recognized: §45-2-502 has no holographic exception.

Self-proving affidavit

New Mexico lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (NMSA 1978 §45-2-504 (the form recites that witnesses signed in the presence of the testator and each other))

Can I sign my will online in New Mexico?

No. No electronic-will statute or 2025-2026 bill found.

Print your will and sign it on paper with your witnesses in the same room.

Online notarization: RULONA lets a remotely located individual appear by communication technology. The Probate Code's in-presence witnessing rule (§45-2-502) suggests witnesses must be physically together, but neither law addresses a remote self-proving affidavit. (NMSA 1978, ch. 14, art. 14A (Revised Uniform Law on Notarial Acts, 2021 SB 12, eff. 2022-01-01))

Good to know in New Mexico

Both witnesses must sign while together with the testator. Wills may be deposited with any district court clerk (§45-2-515). Statute text was checked on FindLaw (current as of 2024-01-01).

Estate and inheritance taxes

New Mexico has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

New Mexico will questions

Does a will need to be notarized in New Mexico?

No. Two witnesses make a New Mexico will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.

Are handwritten wills legal in New Mexico?

Not recognized: §45-2-502 has no holographic exception.

Can a beneficiary witness a will in New Mexico?

No effect: signing by an interested witness does not invalidate the will or any provision (NMSA §45-2-505).

Can I make a will online in New Mexico?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. New Mexico doesn't allow electronic wills, so the will must be signed on paper.

Does New Mexico have an estate or inheritance tax?

New Mexico has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against New Mexico statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a New Mexico attorney.