- 1 - 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 InstructionsField [1] -Your name. Field [2] - Your nameField [3] -Your County of Residence. ARTICLE ONE Field [4] - Type the name of your spouse who is deceased.Fields [5] – [10] Type the name(s) of your minor child(ren). 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 NEW MEXICO WILL INSTRUCTIONS Widow or Widower with Minor Children U.S. Legal Forms, Inc. http://www.uslegalforms.com
- 2 - Field [23] -Type name.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. Field [29] Type name(s) of your child(ren), or other persons to
receive this property. Fields [30]-[31] Omitted 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. Field [32] Type name(s) of your child(ren), or other persons to
receive this property. Field [33-34] Omitted ARTICLE SIX This article provides for the establishment of a trust for the benefit of minor
beneficiaries.Fields [35] Enter the age below which you desire that minor
beneficiaries property be placed in trust. Fields [36-38] Enter age at which property will be released from trust. ARTICLE EIGHT This article provides for the appointment of a Trustee for the benefit of minor
beneficiaries. Field [39] Enter name of the Trustee.Field [40] Enter name of alternate Trustee. ARTICLE NINE This article provides for the appointment of a guardian of minor children Field [41] Enter the age below which you desire a guardian be
appointed for your children.Field [42] Type the name of the guardian.
- 3 - ARTICLE TEN 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 [43] -Type name of Personal Representative.Field [44] -Type name of successor Personal Representative. ARTICLE FOURTEEN All parts of Article 14 are optional. Complete as desired. Be sure to write your initials
for any of these items you desire to apply. Field [45] -Type name of Cemetery.Field [46] -Type County.Field [47] -Type State. Ending and Signature Field [48] -Your name. Field [49] -Your name.Field [50] -Your name.Field [51] -Your name.Field [52] -Your name.Field [53] -Your name.Field [54] -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.
- 4 - 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 Ten:This Article is for you to name a personal representative, also called
executor or executrix. The person named should be an adult.Article Eleven: 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 Twelve: 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 Thirteen: This article sets forth some legal construction intentions to clarify
some of the issues which may arise.
- 5 -
BASIC INFORMATION
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.GeneralWhen making a Will you need to consider who will
be named as your personal representative 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 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) Bank Accounts/Certificates 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 consequence 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.
- 6 - 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. DISCLAIMER/LICENSE/LIABILITY LIMITATION All forms in this package are provided without any warranty, express or implied, as to their legal effect
and completeness. Please use at your own risk. If you have a serious legal problem we suggest that
you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered
by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.
Signed by Testator/Testatrix: _________________________________ - 1 - 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 was married to _____________________________[4], now deceased, and have the following
minor children from a said 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:NameAddressRelationship[11][12][13][14][15]Property: [16]NameAddressRelationship[17][18][19][20][21]Property: [22]
Signed by Testator/Testatrix: _________________________________ - 2 -NameAddressRelationship[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
child(ren), _____________________________________________________[29] . If I have and
name more than one child, they are to receive the property, equally, per stirpes. 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 My Children, ________________________________________________[32] . If I have and
name more than one child, they are to receive the property, equally, per stirpes. ARTICLE SIX Property To Vest In Trustee for Child Beneficiary In the event that any of my children are under the age of __________________[35] 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.
Signed by Testator/Testatrix: _________________________________ - 3 - 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 __________________[36] 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
__________________[37] 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 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
__________________[38] 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. ARTICLE SEVEN 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.
Signed by Testator/Testatrix: _________________________________ - 4 - ARTICLE EIGHT Appointment of Trustee I appoint _____________________________[39], or if the appointee fails to qualify or
cease to act, I appoint _____________________________[40], 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 NINE
Appointment of Guardian In the event that a guardian is necessary for any of my children that may be under the age
of __________________[41] years, then on the date of my death, I appoint
_____________________________[42], as Guardian of said children. ARTICLE TEN Appointment of Personal Representative, Executor or Executrix I hereby appoint _____________________________[43], 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
_____________________________[44] 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 ELEVEN 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 TWELVE 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.
Signed by Testator/Testatrix: _________________________________ - 5 -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.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 anddisbursements; 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.
Signed by Testator/Testatrix: _________________________________ - 6 -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, and to 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 THIRTEENConstruction Intentions It is my intent that this Will be interpreted according to the following provisions: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. The term “testator” as used herein is deemed to include me as Testator or Testatrix. 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. 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. ARTICLE FOURTEEN 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. Signed if Selected : ____________________________
Signed by Testator/Testatrix: _________________________________ - 7 -________ 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. Signed if Selected: _______________________________ ________ I desire to be buried in the _____________________________[45] cemetery in
__________________[46] County, __________________[47]. Signed if Selected: _______________________________ ________ I direct that my remains be cremated and that the ashes be disposed of
according to the wishes of my Executor.I, ___________________________________[48], 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. _____________________________________________________________[49]Testator/Testatrix The above and foregoing Will of _____________________________[50] (name of
testator/testatrix) was declared by _____________________________[51] (name of
testator/testatrix) in our view and presence to be his/her Will and was signed and subscribed by
the said _____________________________[52] (name of testator/testatrix) in our view and
presence and at his/her request and in the view and presence of
_____________________________[53] (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 _____________________________[54] (name of testator/testatrix) on this the _____
day of ___________________, 20__.Witness SignatureWitness SignaturePrint Name:Print Name: Address:Address:City, State, Zip:City, State, Zip:Phone:Phone:
New Mexico Self Proving Affidavit
New Mexico Self Proving Affidavit
I, ____________________________________, the testator/testatrix, sign my name to thisinstrument 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)
