Nm last will testament 2025

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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.
Who Gets What in New Mexico? If you die with:heres what happens: children but no spouse children inherit everything spouse but no children spouse inherits everything parents but no children or spouse parents inherit everything siblings but no children, spouse, or parents siblings inherit everything1 more row
SHARE OF SPOUSE AND CHILDREN If a decedent had no children and no Will, the surviving spouse receives all of the decedents separate property. If the decedent had children and no Will, the decedents children (or their heirs) receive 75% of the separate property, and the surviving spouse receives 25%.
NO PROBATE REQUIRED FOR A SMALL ESTATE A small estate is defined as one where the decedents total estate is worth less than $50,000 and does not include any real property (land, a house, a farm, etc.). Read more at Section 45-3-1201 NMSA 1978.
When does my will have to go through probate? In New Mexico, if your estate is worth more than $50,000, probate is required. For smaller estates or certain assets (like property held in a trust), probate might not be necessary.
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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).
If you have no spouse and any of your children are alive, they will be the only heirs to your estate. If you die with a spouse and children, your spouse will inherit all community property and 1/4 of your individual property. Your children will inherit 3/4 of your individual property.

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