New Mexico Estate Planning: Free Wills, Forms & Calculators

In New Mexico, advance healthcare directives only need your signature to be valid—witnesses and notarization are not legally required, though adding them may help with acceptance by healthcare providers.

If you die without a will in New Mexico, your heirs must survive you by at least 5 days to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident. The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters. New Mexico uses "per capita at each generation" distribution when dividing assets among descendants. This modern approach ensures that grandchildren whose parent predeceased you share equally with other grandchildren, rather than splitting only their parent's portion.