NEW MEXICO WILL INSTRUCTIONS
Married with Children from Prior Marriage
U.S. Legal Forms, Inc.
http://www.uslegalforms.com
1. This will is designed to be completed on your computer. To do so, use your
mouse and click on each field which will be highlighted in gray. This will replace the gray with
the words you type.
Example: _____________________________[1] will become JOHN DOE.
If you ordered and received this Will in hard copy, you may also use these instructions to
complete the will, leaving the reference numbers, and placing the names, etc you desire next
to the field numbers.
2. The Will contains Articles which cover various matters. The information below is
designed to assist you in completing the fields contained in the articles of the Will.
3. Article / Field Completion Instructions
Field [1] - Your name.
Field [2] - Your name
Field [3] - Your County of Residence.
ARTICLE ONE
Field [4] - Type the name of person your spouse.
Fields [5] – [10] Type the name(s) and birth date(s) of all children of the
prior marriage.
ARTICLE THREE
This article is for you to specify specific property to go to a specific person. If you do
not leave any, type none and delete the fields.
Field [11] - Type name.
Field [12] - Type street address.
Field [13] - Additional Address line.
Field [14] - City, State, Zip.
Field [15] - Relationship.
Field [16] - Describe the property to go to this person.
Field [17] - Type name.
Field [18] - Type street address.
Field [19] - Additional Address line.
Field [20] - City, State, Zip.
Field [21] - Relationship.
Field [22] - Describe the property
Field [23] - Type name.
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Field [24] - Type street address.
Field [25] - Additional Address line.
Field [26] - City, State, Zip.
Field [27] - Relationship.
Field [28] - Describe the property
ARTICLE FOUR
This article is for you to leave your homestead, if you have one on the date of death to
persons designated. Check the appropriate box to indicate your selection.
Field [29] - Type name of your spouse if this option is chosen.
Field [30] - Type name(s) of child(ren) if this option is chosen.
Fields [31-32] Omitted
If the children option is chosen, check the box which indicates whether the spouse is
to have a life estate in the property.
Note: If your home is jointly owned with another and held as joint tenants with rights of
survivorship, the home will pass to the survivor and will not be controlled by your will. If this is
the case, name the joint tenant in field 29.
ARTICLE FIVE
This article is for you to leave all the rest and remainder of your property except your
homestead and any special items you listed in Article Three. Check the appropriate box to
indicate your selection.
Field [33] - Type name of children to receive all other property if this
option is chosen
Field [34-35] Omitted
Field [36] - Type the name of your spouse if this option is chosen.
ARTICLE SIX
This article is to provide an alternate distribution of the rest and remainder of your
property should your spouse predecease you and the provisions for distribution contained in
Article Five cannot be carried out. Check the appropriate box to indicate your selection.
Field [37] - Type the name of children to receive all other property if
this provision is to be enacted.
Fields [38-39] Omitted
ARTICLE SEVEN
This article is for you establish a trust on behalf of minor beneficiaries until they reach
an age determined by you, at which time their share of the estate may be distributed to them.
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Field [40] Enter the age, below which you desire property be placed
in trust for minor beneficiaries.
Fields [41-44] Enter age at which children will receive property from the
trust.
ARTICLE NINE
This article provides for the appointment of a Trustee and Successor Trustee.
Field [45] Type the name of the Trustee
Field [46] Type the name of the Successor Trustee.
ARTICLE TEN
This article provides for the appointment of a guardian of any minor children.
Field [47] Type the age below which you desire a guardian to be
appointed
Field [48] Type the name of the Guardian.
ARTICLE ELEVEN
This article is for you to name your personal representative. This must be an adult and
can be the person with whom you live.
Field [49] - Type name of Personal Representative.
Field [50] - Type name of successor Personal Representative.
ARTICLE FOURTEEN
This article provides instructions relating to the interpretation of your will.
Field [51] Type the name of your spouse.
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ARTICLE FIFTEEN
All parts of Article 15 are optional. Complete as desired. Be sure to write your initials
for any of these items you desire to apply.
Field [52] - Type name of Cemetery.
Field [53] - Type County.
Field [54] - Type State.
ENDING AND SIGNATURE
Field [55] - Your name.
Field [56] - Your name.
Field [57] - Your name.
Field [58] - Your name.
Field [59] - Your name.
Field [60] - Your name.
Field [61] - Your name.
All other blanks in the Will are typically completed by hand, such as the names of the
witnesses, day, month and year executed, etc.
Once you have completed the Will, double check all entries and then print. The Will
should be signed by you in front of two witnesses, not related to you. Please sign all pages
of the Will in the places designated.
The self-proving affidavit is used to prove the Will and make the Will subject to
probate. If the affidavit is not completed now, someone will have to locate the witnesses after
your death and obtain an affidavit. Therefore, it is best to sign the Will in the present of two
witnesses AND a notary public so that the affidavit can be completed by the Notary.
You should keep your Will in a safe place once executed. It is also recommended that
you give a copy to your executor or other person as additional proof of execution.
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ADDITIONAL INFORMATION ABOUT YOUR WILL FORM
This section will briefly explain some of the articles of your will and provide other
information. Articles of the Will which are basically self explanatory are not discussed here.
In addition, information which is already provided in the instructions above is not repeated.
First Paragraph: The first paragraph of the Will, provides your name, residence
information and provides that all prior Wills, if any, are revoked since you have now made a
new Will.
Article Three: Some people have specific property that they desire to leave to a
specific person, such as a ring or antique. This Article is for you to leave such property. You
do not have to name specific property and may simply state none if no property is to be left
under this Article.
Article Eleven: This Article is for you to name a personal representative, also
called executor or executrix. The person named should be an adult and may be your spouse
or relative.
Article Twelve: If not waived, some Courts will require your Personal
Representative post a bond, and file an inventory, accounting and/or appraisal. All can be
costly and time consuming. This Article states your intention that your Personal
Representative not be required to post a bond or file an inventory or accounting.
Article Thirteen: This Article sets forth powers of your Personal Representative and
is designed to give broad powers without the requirement that Court approval be sought for
action by the Representative to the extent permitted by the laws of your State.
Article Fourteen: This article sets forth some legal construction intentions to clarify
some of the issues which may arise. It also contains a common disaster clause which
provides that if you and your spouse die in a common disaster, your Will is to have
precedence. In cases where you and your wife are making Wills, you would only include this
paragraph in one Will, or state in both which Will is to control.
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BASIC INFORMATION
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What is a
Will? A Will
is a
document
which
provides who
is to receive
your property
at death,
who will
administer
your estate,
the
appointment
of trustees
and
guardians, if
applicable,
and other
provisions.
Who may
make a
Will?
Generally,
any person
18 years or
older of
sound mind
may make a
Will. (Some
states allow
persons
under 18 to
make a Will)
What
happens if I
die without
a Will? If
you die
without a will
you are an
intestate. In
such a case,
state laws
govern who
receives
your
property.
These laws
are called
"intestate
succession
laws". If you
die without a
Will, the
Court decides who
will
administer
your estate.
Generally, it
is more
expensive to
administer
an estate of
a person
who died
without a
Will, than a
person who
dies with a
Will.
General
When
making a
Will you
need to
consider who
will be
named as
your
personal
representativ
e or executor
to administer
your estate,
who you will
name as
guardian and
trustee of
minor
children if
your spouse
does not
survive you
and who will
receive your
property.
You should
also consider
tax issues.
The person
appointed as
executor or
administrator
is often your
spouse, but
you should
also name
an alternate,
in case your
spouse predeceases
you. The
person you
name should
be a person
you can trust
and who will
get along
with the
beneficiaries
named in the
Will.
In the event
your spouse
predeceases
you, the
guardian you
name will
have actual
custody of
your minor
children
unless a
court
appoints
someone
else. The
trustee you
appoint to
administer a
trust you
established
will be in
charge of the
assets of the
trust for the
benefit of the
minor
beneficiaries.
Generally, a
Will must be
signed in the
presence of
at least two
witnesses
(three for
Vermont)
who also
sign the Will.
A notary
public will
also need to
sign if the
Will contains
a self-
proving affidavit.
Generally, a
self-proving
affidavit
allows the
Will to be
admitted to
probate
without other
evidence of
execution.
Joint
Property:
Many people
do not
understand
that joint
property may
pass outside
your Will and
also
sometimes
assume that
it will pass
through their
Will. They
do not
understand
the
significance
of joint
ownership.
The issue is
common in
the following
areas,
provided as
examples:
(a) Real
Estate:
Often, a
husband and
wife will own
real estate
as joint
tenants with
rights of
survivorship.
If one party
dies, the
surviving
party
receives the
property
regardless of
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what the Will
provides.
This is
common and
generally
acceptable.
However, if
this is not
your desire
you should
change the
ownership of
the property
to tenants in
common or
other form of
ownership.
If you own
real estate
as tenants in
common,
then you
may
designate
who will
receive your
share of the
property at
your death.
This issue
can be a
problem
when
uninformed
persons take
title to real
estate as
joint tenants
with rights of
survivorship
but really
intended to
leave their
share to, for
example,
children of a
prior
marriage.
(b) Ban
k
Accounts/C
ertificates
of Deposit,
Stock,
Retirement
Plans, IRA’s
and other type
Property:
The
same
ownership as
real estate
can be made
of these
investments.
In fact, many
Banks
routinely
place Bank
accounts
and
Certificates
of Deposit in
the joint
tenant with
right of
survivorship
form of
ownership if
more than
one person
is on the
account or
CD, without
advising you
of the
consequenc
e of same.
In situations
where the
persons are
husband and
wife and
there is no
issue or
concern over
divorce or
children from
previous
marriages,
this may be
the best
course of
action.
However,
with divorce
on the rise,
premarital
agreements
and multiple
marriages
being
common, the
parties may be doing
something
that was not
their intent.
Another
common
problematic
situation is
where a
parent has
more than
one child but
only one
child resides
in the home
town of the
parent. The
parent may
place the
name of the
child who
resides there
on all
accounts,
CD’s and
other
investments
for
convenience
reasons and
establish a
joint tenant
with right of
survivorship
situation
without
realizing that
only that
child will be
entitled to
those assets
at the
parent’s
death.
Simply put,
you should
be aware
when you
acquire an
asset or
investment
exactly how
it is titled.
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For additional information, see the Law Summary and Information and Preview links in
the search results for this form. A Definitions section is also linked on the Information
and Preview page.
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All forms in this package are provided without any warranty, express or implied, as to
their legal efect and completeness. Please use at your own risk. ff you have a serious
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provide legal advice. The products ofered by U.S. Legal Forms (USLF) are not a
substitute for the advice of an attorney.
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LAST WILL AND TESTAMENT OF
___________________________________[1]
BE IT KNOWN THIS DAY THAT,
I, _____________________________[2] , of __________________[3] County, New Mexico,
being of legal age and of sound and disposing mind and memory, and not acting under duress,
menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and
hereby revoke any Will or Codicil I may have made.
ARTICLE ONE
Marriage and Children
I am married to _____________________________[4] and have the following child(ren) from
a prior marriage:
Name: _____________________________[5] Date of Birth: __________________[6]
Name: _____________________________[7] Date of Birth: __________________[8]
Name: _____________________________[9] Date of Birth: _________________[10]
ARTICLE TWO
Debts and Expenses
I direct my Personal Representative to pay all costs and expenses of my last illness and
funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be
probated, registered and allowed against my estate. However, this provision shall not extend the
statute of limitations for the payment of debts, or enlarge upon my legal obligation or any statutory
duty of my Personal Representative to pay debts.
ARTICLE THREE
Specific Bequests of Real and/or Personal Property
I will, give and bequeath unto the persons named below, if he or she survives me, the Property
described below:
Name Address Relationship
[11] [12]
[13]
[14] [15]
Property: [16]
Name Address Relationship
[17] [18]
[19]
[20] [21]
Property: [22]
Signed by Testator/Testatrix : __________________________________ - 1 -
Name Address Relationship
[23] [24]
[25]
[26] [27]
Property: [28]
In the event I name a person in this Article and said person predeceases me, the bequest to
such person shall lapse and the property shall pass under the other provisions of this Will. In the
event that I do not possess or own any property listed above on the date of my death, the bequest of
that property shall lapse.
ARTICLE FOUR
Homestead or Primary Residence
I will, devise and bequeath all my interest in my homestead or primary residence, if I own a
homestead or primary residence on the date of my death that passes through this Will, to my
spouse, _____________________________[29] , if he or she survives me. If he or she does
not survive me, then my homestead or primary residence shall pass under the residuary
clause of this Will.
Signed if Selected: _______________________________
OR
I Will, devise and bequeath all my interest in my homestead or primary residence, if I own a
homestead or primary residence on the date of my death that passes through this Will, to my
child(ren), _______________________________________________[30] . If I have more than
one child and name them here, they shall receive my property equally, per stirpes. If I select
this option the interest to my child(ren) shall be or shall not be subject to a life estate in
my spouse so long as my spouse occupied said property as his or her primary residence for at
least 8 months of every year.
Signed if Selected: _______________________________
ARTICLE FIVE
All Remaining Property – Residuary Clause
I will, devise, bequeath and give all the rest and remainder of my property and estate of every
kind and character, including, but not limited to, real and personal property in which I may have an
interest at the date of my death and which is not otherwise effectively disposed of, to I will, devise,
bequeath and give all the rest and remainder of my property and estate of every kind and character,
including, but not limited to, real and personal property in which I may have an interest at the date of
my death and which is not otherwise effectively disposed of, to
My Child(ren), ________________________________________________[33] . If I have more
than one child and name them here, they shall receive such property equally, per stirpes.
[Name children to receive residuary estate. Per stirpes means the descendents of the persons
you name will receive the property left to that person if they predecease you]
Signed if Selected: _______________________________
OR
Signed by Testator/Testatrix : __________________________________ - 2 -
My spouse named _____________________________[36] .
Signed if Selected : _________________________
ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause
Not applicable because I named my child(ren) in article Five.
Signed if Selected: _______________________________
OR
In the event that my spouse shall predecease me, I will, devise, bequeath and give all the rest
and remainder of my property and estate of every kind and character, including, but not limited
to, real and personal property in which I may have an interest at the date of my death and
which is not otherwise effectively disposed of, to my children
_____________________________[37] . If I have more than one child and name them here,
they shall receive my property equally, per stirpes.
Signed if Selected : _______________________________
ARTICLE SEVEN
Property To Vest In Trustee for Child Beneficiary
In the event that my spouse predeceases me as provided in Article Six, and any of my children
are under the age of __________________[40] years of age, then I direct that my Personal
Representative shall transfer, assign and deliver over to my Trustee, named below, such beneficiary’s
share of my estate and the objects of property described herein. I direct my Trustee to hold said
Beneficiaries share of my estate on the following terms and conditions:
A.
The Trustee shall hold and administer the assets of the Trust for the use and benefit of the
Beneficiaries for the purpose of providing for their health, education and general welfare in
accordance with their accustomed standard of living as much as is possible, considering the value of
the Trust property and their other sources of income.
B.
The Trustee, may in his or her discretion, distribute to or for the benefit of the named
Beneficiaries, such portions of the income and principal of the Trust as he or she in his or her sole
discretion shall determine to be necessary to accomplish the purposes of this Trust. The Trustee may
make such distributions as often or as seldom as he or she may determine in his or her sole discretion
without the necessity of any court authority or approval, this being a private trust.
C.
As each Beneficiary herein reaches the age of __________________[41] years, the Trustee
shall distribute to said beneficiary his or her share of the trust principal and income as of the
distribution date. When the youngest Beneficiary reaches the age of __________________[42] years,
the Trustee shall distribute all of the remaining Trust property including principal and accumulated
income to the Beneficiary and this Trust shall terminate. In making said distributions, the Trustee may
make distributions in kind and shall have the sole discretion as to valuation of the Trust property in
Signed by Testator/Testatrix : __________________________________ - 3 -
determining and apportioning distributions among the Beneficiaries.
D.
In the event of the death of any of the above named Beneficiary prior to the final date of
distribution, and said deceased Beneficiary shall leave living issue, the Trustee shall hold only that
portion of the Trust property attributable to said deceased Beneficiary beyond the distribution dates as
provided in Subparagraph C above, and administer said Trust property for the use and benefit of said
living issue. When said youngest living issue reaches the age of __________________[43] years, the
Trust as to said living issue shall terminate and the Trustee shall distribute all of the remaining Trust
property in equal shares to said living issue. In the event of the death of any of the above named
Beneficiaries prior to the final date of distribution and said deceased Beneficiaries leave no living
issue, then that portion of the Trust property to be distributed to the deceased Beneficiaries as
provided for in Subparagraph C above, shall instead be distributed to the surviving Beneficiaries in
equal shares.
E.
Personal and real property may be maintained for my Beneficiaries or converted to cash as my
Trustee shall determine. I direct that my Trustee administer hereunder any funds coming into the
hands of my Beneficiaries pursuant to any life insurance policy insuring my life.
F.
In the event that on the date of my death, my spouse shall have predeceased me and my
youngest Beneficiary is over __________________[44] years of age, then this Trust shall be
inoperative and my entire estate shall be distributed to said Beneficiaries as provided in Article Six.
ARTICLE EIGHT
Creditors of Beneficiaries
Neither the principal nor the income of any Trust provision contained in this Will nor any part of
same shall be liable for the debts of any Beneficiary hereunder, nor shall the same be subject to
seizure by any Creditor of any Beneficiary, and no Beneficiary therein shall have any power to sell,
assign, transfer, encumber, or in any manner to anticipate or dispose of his or her interest in the Trust
fund, nor any part of same nor the income produced from said fund nor any part of same.
ARTICLE NINE
Appointment of Trustee
I appoint _____________________________[45] , or if the appointee fails to qualify or cease to
act, I appoint _____________________________[46] , as Trustee of the Trust provisions of this Will to
serve in said capacity with all the powers during the administration of the Trust as are granted to
Trustees under New Mexico law including the power to sell any of the real or personal property of the
Trust for cash or on credit or to mortgage it or to lease it, all to be exercised without Court order. The
Trustee named herein shall also have all powers as are granted to my Personal Representative under
the provisions of this Will during the administration of this private Trust.
ARTICLE TEN
Appointment of Guardian
In the event that a guardian is necessary for any of my children that may be under the age of
Signed by Testator/Testatrix : __________________________________ - 4 -
__________________[47] years, then on the date of my death, I appoint
_____________________________[48] , as Guardian of said children.
ARTICLE ELEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint _____________________________[49] , as Personal Representative of my
estate and this Will. In the event my Personal Representative shall predecease me, or, for any
reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint
_____________________________[50] to serve as successor Personal Representative of my estate
and Will.
The term “Personal Representative”, as used in this Will, shall be deemed to mean and
include “Personal Representative”, “Executor” or “Executrix”.
ARTICLE TWELVE
Waiver of Bond, Inventory, Accounting, Reporting and Approval
My Personal Representative and successor Personal Representative shall serve without any
bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal,
reporting, approvals or final appraisement of my estate.
ARTICLE THIRTEEN
Powers of Personal Representative, Executor and Executrix
I direct that my Personal Representative shall have broad discretion in the administration of
my Estate, without the necessity of Court approval. I grant unto my Personal Representative, all
powers that are allowed to be exercised by Personal Representatives by the laws of the State of New
Mexico and to the extent not prohibited by the laws of New Mexico, the following additional powers:
1. To exercise all of the powers, rights and discretions granted by virtue of any "Uniform
Trustees' Powers Law," and/or “Probate Code” adopted by the State of New Mexico.
2. To compromise claims and to abandon property which, in my Executor’s opinion is of
little or no value.
3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or
other securities, or shares or interests in investment trusts and common trust funds, or in any other
property, real, personal or mixed, as my Personal Representative may deem advisable, whether or
not such investments or property be of the character permissible by fiduciaries, without being liable to
any person for such retention or investment.
4. To settle, adjust, dissolve, windup or continue any partnership or other entity in which I
may own a partnership or equity interest at the time of my death, subject, however, to the terms of any
partnership or other agreement to which I am a party at the time of my death. I authorize my Personal
Representative to continue in any partnership or other entity for such periods and upon such terms as
they shall determine. My Personal Representative shall not be disqualified by reason of being a
partner, equity owner or title holder in such firm from participating on behalf of my estate in any
dealings herein authorized to be carried on between my Personal Representative and the partners or
equity owners of any such partnership or other entity.
Signed by Testator/Testatrix : __________________________________ - 5 -
5. To lease, sale, or offer on a lease purchase, any real or personal property for such time
and upon such terms and conditions in such manner as may be deemed advisable by my Personal
Representative, all without court approval.
6. To sell, exchange, assign, transfer and convey any security or property, real or
personal, held in my estate, or in any trust, at public or private sale, at such time and price and upon
such terms and conditions (including credit) as my Personal Representative may deem advisable and
for the best interest of my estate, or any trust. I hereby waive any requirement of issuing summons,
giving notice of any hearing, conducting or holding any such hearing, filing bond or other security, or
in any way obtaining court authority or approval for any such sale, exchange, assignment, transfer or
conveyance of any real or personal property.
7. To pay all necessary expenses of administering the estate and any trust including
taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to reimburse
said parties for expenses incurred on behalf of the estate or any trust hereunder.
8. Unless otherwise specifically provided, to make distributions (including the satisfaction
of any pecuniary bequest) in cash or in specific property, real or personal, or in an undivided interest
therein, or partly in cash and partly in other property, and to do so with or without regard to the income
tax basis of specific property allocated to any beneficiary and without making pro rata distributions of
specific assets.
9. To determine what is principal and what is income with respect to all receipts and
disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence, taxes,
insurance premiums, and any other purpose deemed necessary and proper by them and to partite
and to distribute property of the estate or trust in kind or in undivided interests, and to determine the
value of such property.
10. To participate in any plan of reorganization, consolidation, dissolution, redemption, or
similar proceedings involving assets comprising my estate or any trust created hereunder, and to
deposit or withdraw securities under any such proceedings.
11. To perform such acts, to participate in such proceedings and to exercise such other
rights and privileges in respect to any property, as if she or he were the absolute owner thereof, and in
connection therewith to enter into and execute any and all agreements binding my estate and any
trust created hereunder.
12. To compromise, settle or adjust any claim or demand by or against my estate, or any
trust, to litigate any such claims, including, without limitation, any claims relating to estate or income
taxes, or agree to rescind or modify any contract or agreement.
13. To borrow money from such source or sources and upon such terms and conditions as
my Personal Representative shall determine, and to give such security therefor as my Personal
Representative may determine.
All authorities and powers hereinabove granted unto my Personal Representative shall be
exercised from time to time in her or his sole and absolute discretion and without prior authority or
approval of any Court, and I intend that such powers be construed in the broadest possible extent.
ARTICLE FOURTEEN
Construction Intentions
Signed by Testator/Testatrix : __________________________________ - 6 -
It is my intent that this Will be interpreted according to the following provisions:
1. The masculine gender shall be deemed to include the feminine as well as the neuter,
and vice versa, as to each of them; the singular shall be deemed to include the plural, and vice versa.
2. The term “testator” as used herein is deemed to include me as Testator or Testatrix.
3. This Will is not a result of a contract between myself and any beneficiary, fiduciary or
third party and I may revoke this Will at any time.
4. If any part of this Will shall be declared invalid, illegal, or inoperative for any reason, it
is my expressed intent that the remaining parts shall be effective and fully operative and it is my intent
that any Court so interpreting same construct this Will and any provision in favor of survival.
5. In the event that my spouse, _____________________________[51] , and I die under
circumstances where it is difficult to determine who died first, I direct that I be deemed to have
survived her/him and the terms of my Will shall take precedence over any Will or Codicil that he/she
may have made, notwithstanding any provisions of the law to the contrary.
ARTICLE FIFTEEN
Misc. Provisions
I direct that this Will and the construction thereof shall be governed by the Laws of the State of
New Mexico.
(I have placed my initials next to the provisions below that I desire to adopt. Unmarked
provisions are not adopted by me and are not a part of this Will)
________ If any person named herein is indebted to me at the time of my death and such
indebtedness be evidenced by a valid Promissory Note payable to me, then such
person’s portion of my estate shall be diminished by the amount of such debt.
________ Any and all debts of my estate shall first be paid from my residuary estate. Any debts
on any real property left herein shall be assumed by the person to receive such real
property and not paid by my Personal Representative.
_________ I desire to be buried in the _____________________________[52] cemetery in
__________________[53] County, __________________[54] .
_________ I direct that my remains be cremated and that the ashes be disposed of according to
the wishes of my Executor.
I, ___________________________________[55] , having signed this Will in the presence of
_____________________________ and ________________________________ who attested it at
my request on this the _____ day of _____________, 20_____ at
____________________________________________________________(address), declare this to
be my Last Will and Testament.
________________________________
_____________________________[56]
Testator/Testatrix
Signed by Testator/Testatrix : __________________________________ - 7 -
The above and foregoing Will of _____________________________[57] (name of
testator/testatrix) was declared by _____________________________[58] (name of testator/testatrix)
in our view and presence to be his/her Will and was signed and subscribed by the said
_____________________________[59] (name of testator/testatrix) in our view and presence and at
his/her request and in the view and presence of _____________________________[60] (name of
testator/testatrix) and in the view and presence of each other, we, the undersigned, witnessed and
attested the due execution of the Will of _____________________________[61] (name of
testator/testatrix) on this the _____day of ___________________, 20__.
Witness Signature Witness Signature
Print Name: Print Name:
Address: Address:
City, State, Zip: City, State, Zip:
Phone: Phone:
Signed by Testator/Testatrix : __________________________________ - 8 -
New Mexico Self Proving Affidavit
I, ____________________________________ , the testator/testatrix, sign my name to
this
instrument this ______ day of __________________ , 20 ______ and being first duly sworn, do
hereby declare to the undersigned authority that I sign and execute this instrument as my will
and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein
expressed, and that I am eighteen years of age or older, of sound mind and under no constraint
or undue influence.
__________________________________
Testator/Testatrix
Typed Name: _______________________________________
We, ____________________________________ ,
____________________________________ , the witnesses, sign our names to this instrument,
and being first duly sworn, do hereby declare to the undersigned authority that the
testator/testatrix signs and executes this instrument as his or her will and that he or she signs it
willingly, and that each of us, in the presence of the testator/testatrix, and in the presence of
each other hereby signs this will as witness to the testator's/testatrix’s signing, and that to the
best of our knowledge the testator/testatrix is eighteen years of age or older, of sound mind and
under no constraint or undue influence.
____________________________________
Witness
____________________________________
Witness
State of New Mexico
County of ___________________
Subscribed, sworn to and acknowledged before me by
____________________________________ ,
the testator/testatrix, and subscribed and sworn to before me by
____________________________________ and ____________________________________ ,
witnesses, this ______ day of __________________ , 20 ______ .
(Seal)
Signed ____________________________
_______________________________________
(Official capacity of officer)
New Mexico Self Proving Affidavit
