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Mutual Wills or Last Will and Testaments for Unmarried Persons living together with Minor Children - New Mexico

Mutual Wills or Last Will and Testaments for Unmarried Persons living together with Minor Children - New Mexico 2025

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The document is a template for a Last Will and Testament specific to New Mexico, providing detailed instructions for individuals to complete their will electronically. It outlines various articles covering personal information, bequests of property, designation of guardians, trustees, and personal representatives, as well as provisions for debts and expenses. The will includes sections for specific bequests, residuary clauses, and the appointment of guardians for minor children. Additionally, it emphasizes the importance of having the will signed in front of witnesses and offers options for self-proving affidavits.

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Who can notarize my living will?

You can either get the Affidavit notarized in your lawyers office or by searching for a notary public in your area. Notaries are often available at real estate offices, postal services, or banks. There are also mobile notaries that can come to you for a fee.

Does a living will need to be notarized 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.

What makes a will valid in New Mexico?

In order for a will to be finalized, it must be signed by the testator in front of two witnesses of sound mind, with the capacity to understand that they are witnessing the signing of a will. They must then sign the will themselves, in front of each other and in front of the testator (NM Stat 45-2-502).

Does a will avoid probate in New Mexico?

In New Mexico, for any deceased person whose total assets (their estate) exceed a value of $50,000, their will or estate (even without a will) may need to go through probate.

What is the difference between a joint will and a mutual will?

To clarify, a joint will is different from a mutual will. A joint will is one document signed by two people. A mutual will represents two individual wills that are signed separately, but are largely the same in content.