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A will may be amended by executing a regular or holographic codicil. Although you should always seek the advice of a qualified attorney to ensure your amendment complies with the law and is unambiguous, if you are unable to amend your trust or will through an attorney you may consider a handwritten amendment.
You can have a lawyer write your codicil for you, or you can make one yourself. However, in most cases it makes more sense just to make a new will.
Steps to Create a Will in New Mexico Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.
In general, a codicil should: State that it is a codicil to your will. Identify the date your will was signed, so there's no confusion about which will it amends. Clearly state which parts of the will it revises. Describe the changes as specifically as possible.
An official can deem a codicil invalid if it is not correctly witnessed, signed, and notarized before being added to the will. A judge can also overrule a codicil. You can have multiple codicils, each dedicated to a different amendment and contradicting codicils.
Probate proceedings are usually only required if the deceased person owned any assets in their name only. Other assets, also known as ?non-probate? property, can generally be transferred to the other owner without probate. New Mexico offers probate shortcuts for smaller estates.
[date] I, [name], a resident of the County of [county], State of [state], declare that this is the codicil to my last will and testament, which is dated [date original signed]. I add or change said last will in the following manner: [List all specific changes or additions to the original will.
Changing a New Mexico last will and testament A New Mexico will may be changed at any time by codicil (an amendment to the will), which must be executed in the same way as a will.