Build Your New Mexico Estate Plan with FREE Resources

New Mexico operates under community property law, one of only nine states to do so. Most assets acquired during marriage belong equally to both spouses regardless of whose name is on the title or who earned the income. This fundamental difference from common law states shapes every aspect of estate planning here, from how property passes at death to what a surviving spouse automatically inherits.

Like all states, New Mexico recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2 adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later.

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.