Last Will and Testament of [[Testator Full Legal Name]]
I, [[Testator Full Legal Name]], currently residing at [[Testator Street Address]], [[City]], [[County]] County, New Mexico [[Zip Code]], declare this instrument to be my Last Will and Testament. I am at least eighteen years of age or an emancipated minor, I am of sound mind, and I make this Will voluntarily and free from duress, menace, fraud, or undue influence. New Mexico permits an individual eighteen years of age or older who is of sound mind, or an emancipated minor who is of sound mind, to make a will under NMSA 1978, Section 45-2-501.
Article 1 - Identification, Family, and Revocation
1.1 Testator Identification
My full legal name is [[Testator Full Legal Name]]. I am also known as [[Other Names]]. My date of birth is [[Date Of Birth]].
1.2 Residence and Domicile
My domicile is New Mexico, and my primary residence is [[Testator Street Address]], [[City]], [[County]] County, New Mexico [[Zip Code]]. If I am temporarily absent from New Mexico at death, I intend this Will to remain governed by New Mexico law unless a court with proper jurisdiction determines otherwise.
1.3 Marital Status
My marital status on the date I sign this Will is [[Marital Status]]. My spouse or registered domestic partner, if any, is [[Spouse Full Legal Name]].
1.4 Children and Descendants
I have the following children and descendants:
| Name | Relationship | Date of Birth | Notes |
|---|---|---:|---|
| [[Child One Full Legal Name]] | [[Relationship]] | [[Child One Date Of Birth]] | [[Child One Notes]] |
| [[Child Two Full Legal Name]] | [[Relationship]] | [[Child Two Date Of Birth]] | [[Child Two Notes]] |
| [[Additional Children Or Descendants]] | [[Relationship]] | [[Date Of Birth]] | [[Notes]] |
References in this Will to my "descendants" include children legally adopted by me and their descendants, subject to applicable New Mexico law.
1.5 Revocation of Prior Wills
I revoke all prior wills and codicils that I have made. New Mexico recognizes revocation by a later will or other properly executed document, or by a revocatory act done with intent to revoke, under NMSA 1978, Section 45-2-507. This Will is intended to replace, not supplement, all prior wills and codicils unless I later sign a codicil that expressly supplements this Will.
1.6 Effect of Divorce or Annulment
If after signing this Will my marriage is dissolved or annulled, New Mexico law may revoke revocable gifts, fiduciary nominations, powers of appointment, and related benefits to my former spouse and certain relatives of my former spouse unless the governing instrument, court order, or marital-property contract provides otherwise. This clause is included to flag NMSA 1978, Section 45-2-804; it does not replace the need to update this Will promptly after divorce, annulment, remarriage, birth, adoption, death, or major asset changes.
1.7 Community Property and Separate Property
New Mexico is a community-property state. Under NMSA 1978, Section 40-3-8, separate property generally includes property acquired before marriage, after certain dissolution or legal-separation decrees, by gift, bequest, devise, descent, court designation, or written spousal agreement; community property generally includes property acquired by either or both spouses during marriage that is not separate property. I intend this Will to dispose only of property I may lawfully dispose of at death, including my separate property and my interest in community property.
Article 2 - Personal Representative
2.1 Appointment of Personal Representative
I nominate and appoint [[Primary Personal Representative Full Legal Name]], of [[Primary Personal Representative Address]], as Personal Representative of my estate. New Mexico commonly uses the term "personal representative" for the fiduciary often called an executor.
2.2 First Alternate Personal Representative
If [[Primary Personal Representative Full Legal Name]] is unable, unwilling, disqualified, or unavailable to serve or continue serving, I nominate [[First Alternate Personal Representative Full Legal Name]], of [[First Alternate Personal Representative Address]], as First Alternate Personal Representative.
2.3 Second Alternate Personal Representative
If both prior nominees are unable, unwilling, disqualified, or unavailable to serve or continue serving, I nominate [[Second Alternate Personal Representative Full Legal Name]], of [[Second Alternate Personal Representative Address]], as Second Alternate Personal Representative.
2.4 Bond
To the fullest extent permitted by law, I request that no bond, surety, or other security be required of any Personal Representative nominated in this Will. If a court requires bond, the lowest bond permitted by law should be accepted.
2.5 Compensation
My Personal Representative may receive reasonable compensation for services and reimbursement for reasonable expenses incurred in administering my estate, subject to court review and applicable New Mexico law.
2.6 General Fiduciary Standard
My Personal Representative shall act reasonably for the benefit of the estate and interested persons and shall administer the estate in good faith, with loyalty, prudence, and impartiality among beneficiaries when required.
Article 3 - Powers of Personal Representative
My Personal Representative shall have all powers available under this Will and under New Mexico law, including the powers authorized for personal representatives under NMSA 1978, Section 45-3-715, except as expressly limited by this Will or by court order.
3.1 Estate Collection and Control
My Personal Representative may collect, secure, inventory, value, insure, manage, protect, and take possession or control of all estate assets, including real property, personal property, business interests, digital assets, intellectual property, financial accounts, claims, refunds, and causes of action.
3.2 Sale, Lease, Mortgage, and Exchange
My Personal Representative may sell, lease, exchange, partition, mortgage, pledge, grant options over, abandon, or otherwise dispose of real or personal property, at public or private sale, for cash or credit, on terms the Personal Representative determines advisable.
3.3 Retention and Investment of Assets
My Personal Representative may retain property I own at death, including concentrated, illiquid, closely held, or non-income-producing assets, and may invest or reinvest estate assets in prudent investments appropriate for estate administration.
3.4 Business Interests
My Personal Representative may continue, operate, sell, liquidate, merge, reorganize, or wind down any business interest I own, including [[Business Name Or Description]], and may employ managers, officers, employees, accountants, attorneys, appraisers, brokers, and other professionals.
3.5 Claims and Litigation
My Personal Representative may present, prosecute, defend, settle, compromise, arbitrate, release, or abandon claims by or against my estate, including insurance claims, tax claims, creditor claims, and litigation.
3.6 Taxes and Elections
My Personal Representative may file tax returns, pay taxes, request extensions, allocate tax burdens, consent to audits, settle tax controversies, and make elections under federal or New Mexico tax law in the manner the Personal Representative believes best for the estate and beneficiaries.
3.7 Distributions in Cash or Kind
My Personal Representative may distribute estate property in cash, in kind, or partly in each, and may value property and allocate particular assets among beneficiaries without requiring pro rata distribution of each asset.
3.8 Ancillary Administration
If I own property outside New Mexico, my Personal Representative may initiate ancillary probate or equivalent proceedings, appoint local representatives, sign documents, and take all acts needed to transfer that property.
3.9 Professional Assistance
My Personal Representative may hire and pay attorneys, accountants, tax preparers, appraisers, investment advisers, real estate agents, property managers, genealogists, and other professionals from estate assets.
3.10 No Personal Liability for Good-Faith Acts
No Personal Representative acting in good faith shall be personally liable for decisions made under this Will except for willful misconduct, bad faith, fraud, reckless indifference, or breach of fiduciary duty.
Article 4 - Guardians for Minor Children
4.1 Guardian of the Person
If at my death I am the sole surviving parent or if a court determines that appointment of a guardian is necessary for any minor child of mine, I nominate [[Primary Guardian Full Legal Name]], of [[Primary Guardian Address]], as guardian of the person of my minor child or children.
4.2 Alternate Guardian
If [[Primary Guardian Full Legal Name]] is unable, unwilling, disqualified, or unavailable to serve, I nominate [[Alternate Guardian Full Legal Name]], of [[Alternate Guardian Address]], as alternate guardian.
4.3 Guardian of Property or Conservator
If a court determines that a guardian of property, conservator, or similar fiduciary is needed for a minor child or other beneficiary, I nominate [[Property Guardian Or Conservator Full Legal Name]], of [[Property Guardian Or Conservator Address]], to serve in that role.
4.4 Guardian Guidance
I request that the guardian preserve the child's relationship with [[Important Family Members Or Community Connections]], consider the child's education, health, faith or values, cultural ties, and special needs, and use estate or trust funds only in a way consistent with this Will and the child's best interests.
4.5 Guardian Letter
I may leave a separate nonbinding letter of wishes for a guardian. That letter may address schooling, medical preferences, family contacts, holidays, religious or cultural practices, travel, and other personal matters. The letter is guidance only and does not amend this Will.
Article 5 - Debts, Expenses, and Taxes
5.1 Enforceable Debts and Administration Expenses
My Personal Representative shall pay my legally enforceable debts, funeral and burial or cremation expenses, expenses of last illness, probate costs, administration expenses, and taxes from my residuary estate unless this Will provides otherwise.
5.2 Secured Property
Unless I expressly provide otherwise, a beneficiary receiving property subject to a mortgage, lien, deed of trust, security interest, lease, tax, assessment, or other encumbrance takes that property subject to the encumbrance, and my estate is not required to pay off the encumbrance from other assets.
5.3 Tax Apportionment
All estate, inheritance, transfer, generation-skipping transfer, income, and similar taxes arising because of my death shall be paid from the residuary estate without apportionment against specific gifts, unless my Personal Representative determines that a different allocation is required by law or by a beneficiary designation or nonprobate transfer instrument.
5.4 Funeral and Disposition Wishes
My wishes for disposition of remains are [[Burial Cremation Or Other Disposition Wishes]]. My preferred funeral home, cemetery, crematory, memorial location, or other provider is [[Disposition Provider Or Location]]. These wishes are not intended to impose personal liability on my Personal Representative if funds or circumstances make them impracticable.
Article 6 - Specific Gifts
6.1 Specific Gifts of Tangible Personal Property
I give the following tangible personal property:
| Item | Beneficiary | Alternate Beneficiary | Notes |
|---|---|---|---|
| [[Tangible Personal Property Item One]] | [[Beneficiary One Full Legal Name]] | [[Alternate Beneficiary One Full Legal Name]] | [[Gift One Notes]] |
| [[Tangible Personal Property Item Two]] | [[Beneficiary Two Full Legal Name]] | [[Alternate Beneficiary Two Full Legal Name]] | [[Gift Two Notes]] |
| [[Additional Tangible Personal Property Gifts]] | [[Beneficiary Full Legal Name]] | [[Alternate Beneficiary Full Legal Name]] | [[Notes]] |
6.2 Separate Writing for Tangible Personal Property
I may leave a separate written statement or list disposing of items of tangible personal property not otherwise specifically disposed of by this Will, other than money. To be admissible under NMSA 1978, Section 45-2-513, the writing should be signed by me and should describe the items and devisees with reasonable certainty. I request that my Personal Representative follow any such writing to the fullest extent permitted by law.
6.3 Cash Gifts
I give the following cash gifts:
| Amount | Beneficiary | Alternate Beneficiary | Purpose Or Restriction |
|---:|---|---|---|
| [[Cash Gift Amount One]] | [[Cash Gift Beneficiary One Full Legal Name]] | [[Cash Gift Alternate One Full Legal Name]] | [[Cash Gift One Purpose]] |
| [[Cash Gift Amount Two]] | [[Cash Gift Beneficiary Two Full Legal Name]] | [[Cash Gift Alternate Two Full Legal Name]] | [[Cash Gift Two Purpose]] |
| [[Additional Cash Gifts]] | [[Cash Gift Beneficiary Full Legal Name]] | [[Cash Gift Alternate Full Legal Name]] | [[Purpose Or Restriction]] |
6.4 Gifts of Real Property
I give the following real property, subject to Article 5.2 and applicable community-property limits:
| Real Property | Legal Description Or Parcel | Beneficiary | Alternate Beneficiary |
|---|---|---|---|
| [[Real Property Address One]] | [[Legal Description Or Parcel One]] | [[Real Property Beneficiary One Full Legal Name]] | [[Real Property Alternate One Full Legal Name]] |
| [[Additional Real Property]] | [[Legal Description Or Parcel]] | [[Beneficiary Full Legal Name]] | [[Alternate Beneficiary Full Legal Name]] |
6.5 Gifts of Business Interests
I give my interest in [[Business Name Or Entity]], including any shares, membership interests, partnership interests, units, options, notes, or related rights, to [[Business Interest Beneficiary Full Legal Name]], or if that person does not survive me as required by this Will, to [[Business Interest Alternate Beneficiary Full Legal Name]].
6.6 Gifts to Charity
I give the following charitable gifts:
| Gift | Charity | EIN Or Address | Restriction |
|---|---|---|---|
| [[Charitable Gift Amount Or Asset]] | [[Charity Legal Name]] | [[Charity Ein Or Address]] | [[Charitable Restriction Or Purpose]] |
| [[Additional Charitable Gift]] | [[Charity Legal Name]] | [[Charity Ein Or Address]] | [[Restriction Or Purpose]] |
6.7 Failure of Specific Gift
If a specifically gifted asset is not part of my estate at death, the gift fails unless this Will expressly provides a substitute. If a named beneficiary of a specific gift does not survive me as required by this Will and no alternate beneficiary is named or survives, the gift shall pass as part of my residuary estate.
Article 7 - Residuary Estate
7.1 Residuary Estate Defined
My "residuary estate" means all property I own or may dispose of at death that is not effectively disposed of by the preceding articles, including lapsed gifts, failed gifts, after-acquired property, refunds, claims, and property over which I hold a testamentary power of appointment that I expressly exercise in this Will.
7.2 Primary Residuary Distribution
I give my residuary estate as follows:
| Beneficiary | Relationship | Share |
|---|---|---:|
| [[Primary Residuary Beneficiary One Full Legal Name]] | [[Relationship]] | [[Primary Residuary Share One]] |
| [[Primary Residuary Beneficiary Two Full Legal Name]] | [[Relationship]] | [[Primary Residuary Share Two]] |
| [[Additional Primary Residuary Beneficiaries]] | [[Relationship]] | [[Share]] |
7.3 Alternate Residuary Distribution
If none of the primary residuary beneficiaries survive me as required by this Will, I give my residuary estate to [[Alternate Residuary Beneficiary Full Legal Name]]. If that beneficiary does not survive me as required by this Will, I give my residuary estate to [[Ultimate Residuary Beneficiary Or Charity Full Legal Name]].
7.4 Per Stirpes or By Representation
If this Will states that a share passes "per stirpes," "by representation," or to a beneficiary's descendants, my Personal Representative shall distribute that share by representation under New Mexico law unless a different method is expressly stated in [[Special Distribution Instructions]].
7.5 No Residuary Gap
This Article is intended to prevent any intestacy. If a gift fails for any reason and no other clause clearly controls, that property shall be added to and distributed with the residuary estate.
Article 8 - Beneficiary Survival, Anti-Lapse, and Simultaneous Death
8.1 Survival Requirement
Except as otherwise stated in this Will, a beneficiary must survive me by [[Survival Period, Default One Hundred Twenty Hours]] to receive property under this Will. New Mexico's default rule generally treats an individual who is not established by clear and convincing evidence to have survived an event by one hundred twenty hours as having predeceased the event, subject to exceptions, under NMSA 1978, Section 45-2-702.
8.2 Simultaneous Death
If I and a beneficiary die under circumstances in which the order of death cannot be established by the required standard, the beneficiary shall be deemed to have predeceased me unless this Will expressly provides otherwise.
8.3 Descendants of Deceased Beneficiaries
If a beneficiary fails to survive me and this Will provides for descendants, the beneficiary's share shall pass to the beneficiary's then-living descendants by representation. If the beneficiary leaves no surviving descendants and no alternate is named, the share passes to the residuary estate.
8.4 Beneficiary Designation Coordination
This Will does not automatically control life insurance, retirement accounts, transfer-on-death deeds, payable-on-death accounts, jointly held assets with survivorship rights, trusts, or other nonprobate transfers. I direct my Personal Representative to coordinate estate administration with known beneficiary designations and to seek legal advice if any designation conflicts with this Will.
Article 9 - Trusts for Minors and Protected Beneficiaries
9.1 Minor Beneficiary Trust
If any beneficiary is under [[Trust Distribution Age]] years of age when entitled to receive property under this Will, my Personal Representative shall hold that beneficiary's share in a separate trust for that beneficiary until the beneficiary reaches [[Trust Distribution Age]].
9.2 Trustee
The Personal Representative shall serve as trustee of any trust created under this Article unless the Personal Representative appoints [[Separate Trustee Full Legal Name]] or a court appoints another fiduciary.
9.3 Trust Distributions
The trustee may distribute income and principal for the beneficiary's health, education, maintenance, support, housing, transportation, and welfare, considering other resources reasonably known to the trustee.
9.4 Education and Special Needs
The trustee may pay tuition, books, supplies, tutoring, technology, room and board, therapy, assistive devices, vocational training, and other education or special-needs expenses. If a beneficiary receives or may receive means-tested public benefits, the trustee should seek legal advice before making distributions that could affect eligibility.
9.5 Final Distribution
When the beneficiary reaches [[Trust Distribution Age]], the trustee shall distribute the remaining trust property to the beneficiary outright. If the beneficiary dies before final distribution, the remaining trust property shall pass to [[Remainder Beneficiary For Minor Trust]], or if no such beneficiary survives, to my residuary beneficiaries in the same proportions as the residuary estate.
Article 10 - Digital Assets and Records
10.1 Digital Asset Authority
My Personal Representative may access, manage, control, copy, transfer, close, archive, delete, or otherwise administer my digital assets and electronic communications to the fullest extent permitted by applicable law, provider terms, privacy law, and any online tool or direction I have made.
10.2 Digital Asset Inventory
I may leave a separate inventory identifying usernames, domains, devices, cryptocurrency wallets, cloud storage, social media accounts, email accounts, loyalty points, online stores, intellectual property files, and other digital assets. The location of that inventory is [[Digital Asset Inventory Location]].
10.3 Cryptocurrency and Private Keys
If I own cryptocurrency or other blockchain assets, my Personal Representative may secure wallets, private keys, seed phrases, hardware devices, exchange accounts, staking accounts, tax records, and related digital records. The location or access protocol is [[Cryptocurrency Access Protocol]].
Article 11 - Omitted Persons, Dependents, and Family Protections
11.1 Omitted Child or Spouse Review
If I marry, have a child, adopt a child, or learn of a child after signing this Will, my Personal Representative should consult counsel regarding omitted-spouse or omitted-child protections under New Mexico law before making distributions.
11.2 Intentional Omission
Except for beneficiaries expressly named in this Will, I intentionally make no provision for any heir, relative, or other person not named, including [[Intentionally Omitted Person Or Class]], for reasons known to me.
11.3 Dependents and Special Circumstances
My Personal Representative may consider whether [[Dependent Or Special Circumstance Person]] has court-ordered support rights, contractual rights, guardianship needs, conservatorship needs, or other legally enforceable claims before final distribution.
Article 12 - No-Contest Clause
12.1 Penalty for Contest
If any beneficiary or interested person directly or indirectly contests this Will, seeks to invalidate any provision, challenges a fiduciary nomination, or institutes proceedings relating to my estate contrary to this Will, that person shall forfeit all benefits under this Will and shall be treated as having predeceased me.
12.2 Probable Cause Limitation
This no-contest clause shall be enforced only to the fullest extent permitted by New Mexico law. Under NMSA 1978, Section 45-2-517, a penalty clause in a governing instrument is unenforceable if probable cause exists for instituting proceedings.
12.3 Protected Administrative Requests
A request for information, accounting, fiduciary instruction, construction of an ambiguous provision, or enforcement of fiduciary duties shall not be treated as a contest if the court determines the request was made in good faith and with probable cause.
Article 13 - Interpretation
13.1 Governing Law
This Will shall be governed by New Mexico law. A will executed outside New Mexico may be valid in New Mexico if its execution complies with New Mexico law, the law of the place of execution, or the law of the place where the testator was domiciled, had a place of abode, or was a national at execution or death, under NMSA 1978, Section 45-2-506.
13.2 Gender and Number
Words in any gender include all genders. Singular words include the plural, and plural words include the singular, when the context requires.
13.3 Headings
Headings are for convenience only and do not limit or expand the meaning of any provision.
13.4 Severability
If any provision of this Will is held invalid or unenforceable, the remaining provisions shall continue in effect to the fullest extent permitted by law.
13.5 Incorporation by Reference
Any document incorporated by reference must satisfy applicable New Mexico law, including NMSA 1978, Section 45-2-510. References to external documents in this Will are intended to incorporate them only when legally effective.
13.6 Testamentary Additions to Trusts
If this Will devises property to a trust, the devise is intended to be valid to the fullest extent permitted by NMSA 1978, Section 45-2-511 and other applicable law, whether the trust is amended before or after this Will is signed.
Article 14 - Execution Requirements for New Mexico Will
14.1 Written Will
This Will is intended to be a written will under New Mexico law.
14.2 Testator Signature
This Will must be signed by me or in my name by another individual in my conscious presence and by my direction, as provided by NMSA 1978, Section 45-2-502.
14.3 Witnesses
This Will must be signed by at least two individuals, each signing in my presence and in the presence of each other after each witnessed my signing of the Will or my acknowledgment of that signature or acknowledgment of this Will, as provided by NMSA 1978, Section 45-2-502.
14.4 Interested Witnesses
Any individual generally competent to be a witness may act as a witness to this Will. New Mexico law provides that signing by an interested witness does not invalidate the Will or any provision of it under NMSA 1978, Section 45-2-505. Even so, I prefer disinterested adult witnesses who are not beneficiaries or fiduciaries under this Will.
14.5 No Unwitnessed Holographic Shortcut
This template is designed for New Mexico witnessed execution. A handwritten document should not be relied on as a New Mexico will unless it satisfies the same statutory signing and witness requirements that apply to other wills.
14.6 Self-Proving Affidavit
The self-proving affidavit below is optional for validity but strongly recommended. A self-proved will may streamline probate because the testimony of subscribing witnesses may not be needed in the same way as for a non-self-proved will. The affidavit is based on NMSA 1978, Section 45-2-504.
Article 15 - Testator Signature
I, [[Testator Full Legal Name]], sign this Will as my free and voluntary act. I declare that I have read this Will or had it read and explained to me, that it clearly and accurately expresses my wishes, that I am mentally capable of disposing of my estate by will, and that I am not acting under duress, menace, fraud, or undue influence.
Signed on [[Date Of Signing]], at [[City]], [[County]] County, New Mexico.
Testator
Signature: _______________________________________________
Printed Name: [[Testator Full Legal Name]]
Address: [[Testator Street Address]], [[City]], New Mexico [[Zip Code]]
Article 16 - Witness Attestation
We, the undersigned witnesses, declare that on [[Date Of Signing]], the Testator, [[Testator Full Legal Name]], signed this Will or acknowledged the Testator's signature or this Will in our presence; that each of us signed this Will in the presence of the Testator and in the presence of each other; that the Testator appeared to be of sound mind and at least eighteen years of age or an emancipated minor; and that the Testator appeared to act voluntarily and free from duress, menace, fraud, or undue influence.
Witness 1
Signature: _______________________________________________
Printed Name: [[Witness One Full Legal Name]]
Address: [[Witness One Street Address]], [[Witness One City]], [[Witness One State]] [[Witness One Zip Code]]
Phone or Email: [[Witness One Contact Information]]
Witness 2
Signature: _______________________________________________
Printed Name: [[Witness Two Full Legal Name]]
Address: [[Witness Two Street Address]], [[Witness Two City]], [[Witness Two State]] [[Witness Two Zip Code]]
Phone or Email: [[Witness Two Contact Information]]
Article 17 - Optional Self-Proving Affidavit
State of [[State]]
County of [[County]]
I, [[Testator Full Legal Name]], the Testator, swear or affirm under penalty of perjury on this [[Affidavit Date]], that I request [[Witness One Full Legal Name]] and [[Witness Two Full Legal Name]] to act as witnesses to my Will; that I declare to them and to the undersigned authority that this document is my Will; that I sign this Will in the presence of both witnesses; that they sign the Will as witnesses in my presence and in the presence of each other; that the Will was read by me or read and explained to me after being prepared and before I signed it; that it clearly and accurately expresses my wishes; that I sign it willingly or willingly directed another to sign for me; that I make and sign this Will as my free and voluntary act for the purposes expressed in the Will; that I am eighteen years of age or older or an emancipated minor; that I am mentally capable of disposing of my estate by will; and that I am not acting under duress, menace, fraud, or undue influence of any person.
Testator Signature: ______________________________________
Printed Name: [[Testator Full Legal Name]]
We, [[Witness One Full Legal Name]] and [[Witness Two Full Legal Name]], the witnesses, swear or affirm under penalty of perjury on this [[Affidavit Date]] to the undersigned authority that the Testator, [[Testator Full Legal Name]], declares that the attached document is the Testator's Will; that the Testator signs it willingly or willingly directs another to sign for the Testator; that the Testator signs it in the presence of both of us and requests both of us to sign as witnesses; that each of us, in the presence of the Testator and in the presence of each other, signs this Will as witness to the Testator's signing; that so far as we can determine, the Testator is eighteen years of age or older or an emancipated minor; that the Testator is not acting under duress, menace, fraud, or undue influence of any person; and that the Testator, in our opinion, is mentally capable of disposing of the Testator's estate by will.
Witness 1 Signature: _____________________________________
Printed Name: [[Witness One Full Legal Name]]
Witness 2 Signature: _____________________________________
Printed Name: [[Witness Two Full Legal Name]]
Subscribed and sworn to, or affirmed under penalty of perjury, and acknowledged before me by [[Testator Full Legal Name]], the Testator, and subscribed and sworn to, or affirmed under penalty of perjury, before me by [[Witness One Full Legal Name]] and [[Witness Two Full Legal Name]], witnesses, this [[Affidavit Date]].
Notary Public / Authorized Officer: _______________________
Printed Name: [[Notary Full Legal Name]]
My Commission Expires: [[Commission Expiration Date]]
Seal:
Article 18 - Personal Representative Acceptance
I, [[Primary Personal Representative Full Legal Name]], acknowledge that I have been nominated as Personal Representative under the Last Will and Testament of [[Testator Full Legal Name]]. If appointed by a court, I agree to serve according to this Will and applicable New Mexico law.
Signature: _______________________________________________
Printed Name: [[Primary Personal Representative Full Legal Name]]
Date: [[Personal Representative Acceptance Date]]
Article 19 - Guardian Acceptance
I, [[Primary Guardian Full Legal Name]], acknowledge that I have been nominated as guardian under the Last Will and Testament of [[Testator Full Legal Name]]. If appointed by a court, I agree to serve in the best interests of the minor child or children and according to applicable New Mexico law.
Signature: _______________________________________________
Printed Name: [[Primary Guardian Full Legal Name]]
Date: [[Guardian Acceptance Date]]
Article 20 - Property and Beneficiary Schedule
This schedule is for administration convenience and may be updated separately from this Will. It does not replace the dispositive provisions above unless it satisfies the legal requirements for incorporation by reference or for a separate tangible-personal-property writing.
| Asset Or Account | Title / Owner | Estimated Value | Intended Treatment |
|---|---|---:|---|
| [[Asset One Description]] | [[Asset One Title Or Owner]] | [[Asset One Estimated Value]] | [[Asset One Intended Treatment]] |
| [[Asset Two Description]] | [[Asset Two Title Or Owner]] | [[Asset Two Estimated Value]] | [[Asset Two Intended Treatment]] |
| [[Additional Assets]] | [[Title Or Owner]] | [[Estimated Value]] | [[Intended Treatment]] |
Article 21 - Source and Verification Notes
This template is based on New Mexico will and probate statutes as of June 2026, including:
- NMSA 1978, Section 45-2-501, capacity to make a will.
- NMSA 1978, Section 45-2-502, execution and witnessed wills.
- NMSA 1978, Section 45-2-504, self-proved wills.
- NMSA 1978, Section 45-2-505, who may witness.
- NMSA 1978, Section 45-2-506, choice of law as to execution.
- NMSA 1978, Section 45-2-507, revocation by writing or by act.
- NMSA 1978, Section 45-2-510, incorporation by reference.
- NMSA 1978, Section 45-2-511, testamentary additions to trusts.
- NMSA 1978, Section 45-2-513, separate writing for tangible personal property.
- NMSA 1978, Section 45-2-517, penalty clause for contest.
- NMSA 1978, Section 45-2-702, one-hundred-twenty-hour survivorship rule.
- NMSA 1978, Section 45-2-804, revocation on divorce or annulment.
- NMSA 1978, Section 45-3-715, transactions authorized for personal representatives.
- NMSA 1978, Section 40-3-8, separate and community property classification.
Template - not legal advice. Consult a licensed attorney. As of June 2026.
