This Will must be signed in the presence of two witnesses, not related to you or named in your Will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the Will.
New Mexico Last Will and Testament for Married person with Minor Children from Prior Marriage
Category:
State:
New Mexico
Control #:
NM-WIL-0002
Format:
Word;
Rich Text
Instant download
Description
The Will you have found is for a married person with minor children from a prior marriage. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also provides for the appointment of a trustee for assets left to the minor children.
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FAQ
No, in New Mexico, you do not need to notarize your will to make it legal. However, New Mexico allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
A handwritten will can be used in New Mexico, but only if it comports with other statutory requirements to create a valid will. Some states also require that the will be dated.
The will must be administered through probate once the will has been submitted. Probate also is necessary if a person dies without a will or a living trust. In this situation, the assets of the decedent are distributed based on a priority established under New Mexico intestate succession law.
To make a will self-proved in New Mexico, the testator and witnesses must sign a self proving affidavit before a notary public. An affidavit is a sworn statement, and a notary public is an officer of the court. Therefore, an affidavit before a notary public is like making a statement in court.
Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testator's name in his conscious presence, by his direction.