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You can write your own Will or have an attorney write it for you. If you are writing your own, be sure to use the most up-to-date information and correct procedures. A Will made in New Mexico or for a New Mexican without the requirements of New Mexico law is invalid!

The New Mexico probate process is fairly simple in comparison to the process in some other states. In fact, not every estate needs to go through probate. Estates valued at $50,000 or less can avoid probate in some instances.

Filing Motions A motion must be in writing and must specifically state the grounds for the motion and the relief sought. The party filing the motion (the ?movant?) must request concurrence of each party at least three working days before filing the motion.

In order for a will to be considered valid, the following two conditions must be met: The testator must have the legal capacity to write and execute their own will. The testator must not have been the subject of undue influence, fraud, misrepresentation, coercion, etc.

Does a Living Will need to be notarized or witnessed in New Mexico? The specifications and restrictions for Living Wills are different by state; however, in New Mexico, neither witnesses nor notarization are legally required. That said, both are recommended to help reinforce the legitimacy of your document.

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person. In New Mexico, applications for probate must be filed along with estate papers and the will in order to open an estate.