Writing Your Will in New Mexico

To create a will in New Mexico, the person creating the will (known as the testator) must be able to:put their will in writingunderstand the meaning of the documentbe free of undue influence or duress, andsign it in front of two witnesses.A will remains in full effect until a new will replaces it or it is revoked. Written amendments to the will in the form of codicils require the same signing and witness formalities as a will. The state of New Mexico does not recognize holographic wills. A holographic will is one written in the testator's handwriting but not signed by any witness. See our interactive map on holographic wills for more information. Oral wills are not recognized in New Mexico.Limitations on Wills in New MexicoIn New Mexico, a surviving spouse , if not provided for in a will, has no right to elect or choose a "forced share" of the decedent's property. A will…