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New Mexico Wills and Probate



If you are struggling to cope with the recent death of a family member or loved one, the last thing you probably want to face is a mound of complex legal papers in a language that appears foreign to you. As you stare down the mountain of forms, are you overwhelmed with the New Mexico probate process? Admittedly, the probate of an estate can be tedious, time-consuming, detailed, and complicated. Often, sophisticated financial and tax matters may also arise, particularly for larger estates.

To avoid additional stress at this difficult time, it is prudent to consult a New Mexico will and probate attorney to assist you in navigating the process. These local probate lawyers can make sure the estate you are wrestling with is administered properly. You don’t have to struggle blindly through the process on your own.

What Are the Benefits of Having a Will?

Without a valid, legal will, New Mexico’s state law determines what will happen to your real and personal property after you pass away. In most cases, your property will go to your surviving spouse and children, and failing that, to your closest family members in a particular order as set out in New Mexico intestate laws. If no relatives are alive and identifiable, your real and personal property will pass to the state of New Mexico. The harsh state default rules of intestate succession may not represent the deceased's final wishes. Also, without a legally valid trust in place, the state courts in New Mexico decide who will take custody of your surviving minor children when there is no surviving parent.

How Do You Ensure Your Will Is Legal in New Mexico?

Several core components are required for a legally valid will in New Mexico:

  • Two witnesses
  • Witnesses must be disinterested parties who do not inherit property under the will
  • Will must be signed
  • Will must be dated

A will does not have to be notarized under state law, but doing so may circumvent later will contests as to the instrument's validity. It is advisable to keep the original, signed and dated will in a safe and secure place such as a fireproof safe or desk drawer at home. Often the attorney who drew up the will keeps it in his office safe. It is usually not wise to store a will in a safety deposit box because your loved ones are likely not to know it is there and, even if they do, they may have trouble getting ready access to it.

Contact a New Mexico Will and Probate Attorney Today

Probate lawyers can counsel you on the legal validity of your will and trust in New Mexico. You can rest comfortably, knowing you are doing all you can possibly do to minimize or avoid unwelcome and hefty tax burdens, fees, costs, and time delays associated with the probate system if you approach estate planning and administration early with the help of a local will attorney. Call now to speak with a will and probate lawyer based in New Mexico at 877-913-7222.