Simple Will - New Mexico

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Revocation of Prior Instruments
   3.2 Family Status Declaration
   3.3 Appointment of Personal Representative
   3.4 Payment of Debts, Expenses, and Taxes
   3.5 Specific Bequests
   3.6 Residuary Clause
   3.7 Guardianship of Minor Children
   3.8 Contingent Trust for Minor Beneficiaries (Optional)
   3.9 Digital Assets

4. No-Contest Provision

5. Fiduciary Powers & Indemnification
6. Governing Law & Forum
7. General Provisions
8. Execution Block (Signature, Witness Attestation, Self-Proving Affidavit)

1. DOCUMENT HEADER

1.1 Title
This instrument is the “Last Will and Testament” (this “Will”) of [TESTATOR FULL LEGAL NAME] (“Testator”), dated as of [MONTH] [DAY], [YEAR] (the “Effective Date”).

1.2 Capacity & Intent
Testator declares that Testator is eighteen (18) years of age or older and of sound mind as required under § 45-2-501 NMSA 1978, is not acting under duress, menace, fraud, or undue influence, and intends this document to dispose of Testator’s property at death, executed in accordance with § 45-2-502 NMSA 1978.

1.3 Domicile
Testator is domiciled in [COUNTY] County, New Mexico and elects that this Will be governed by the substantive probate law of the State of New Mexico.

2. DEFINITIONS

For purposes of this Will, the following terms have the meanings set forth below:

“Child” or “Children” means each natural or legally adopted child of Testator, whether born before or after the Effective Date, and their descendants by right of representation.

“Descendants” means lineal descendants of any degree.

“Estate” means all property, real and personal, tangible and intangible, that is subject to Testator’s testamentary disposition at death.

“Personal Representative” means the individual or corporate fiduciary appointed under Section 3.3, together with any duly qualified successor or alternate.

“Residue” means all Estate property not effectively disposed of under Sections 3.5 or 3.7.

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Instruments

I hereby revoke all prior wills and codicils, as authorized under § 45-2-507 NMSA 1978.

3.2 Family Status Declaration

Testator is married to [SPOUSE NAME] (“Spouse”).
Children:

1. [CHILD 1 NAME, DOB]
2. [CHILD 2 NAME, DOB]

3.3 Appointment of Personal Representative

a. Primary Appointment. I nominate [PRIMARY EXECUTOR NAME] of [CITY, STATE] to serve as Personal Representative.

b. Successor Appointment. If the primary nominee is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR NAME] of [CITY, STATE].

c. Bond. No bond shall be required of any Personal Representative unless ordered by the court.

3.4 Payment of Debts, Expenses, and Taxes

a. Expenses. My Personal Representative shall first pay (i) expenses of my last illness and funeral, (ii) costs of estate administration, and (iii) valid enforceable debts.

b. Taxes. All estate, inheritance, and similar taxes payable by reason of my death shall be paid from the Residue without apportionment, unless otherwise directed herein or by applicable law.

3.5 Specific Bequests

I give the following property, free and clear of all encumbrances, to the beneficiaries named:

3.6 Residuary Clause

I devise and bequeath the Residue of my Estate, in equal shares, to my [Spouse / Children / other beneficiaries].
If any residuary beneficiary predeceases me leaving Descendants who survive me, such Descendants shall take the share their parent would have taken, per stirpes. If no residuary beneficiary survives me, the Residue shall pass to my heirs at law as determined under New Mexico intestacy statutes.

3.7 Guardianship of Minor Children

If, at the time of my death, I am the surviving parent of a minor Child, I nominate [GUARDIAN NAME] as guardian of the person and estate of such minor Child, pursuant to § 45-5-202 NMSA 1978 (parental appointment of guardian of minor by will). I nominate [ALTERNATE GUARDIAN NAME] as alternate guardian. This nomination becomes effective, subject to the minor's right to object under § 45-5-203 NMSA 1978, upon the guardian's acceptance being filed in the court in which this Will is probated.

3.8 Contingent Trust for Minor Beneficiaries (Optional)

a. Creation. If any distribution becomes payable to a beneficiary who is under the age of [AGE, e.g., 25], that share shall be held in trust (“Minor’s Trust”) by the Personal Representative (acting as Trustee) until the beneficiary reaches such age.

b. Trustee Powers. The Trustee shall have all powers granted under New Mexico's Uniform Trust Code, NMSA 1978, Chapter 46A, including without limitation the general and specific powers of a trustee enumerated at §§ 46A-8-815 and 46A-8-816 NMSA 1978, and those set forth in Section 5.2 below.

c. Distribution Standards. The Trustee may distribute principal and income for the health, education, maintenance, or support of the minor beneficiary, considering other resources reasonably available to the beneficiary.

d. Termination. Upon the beneficiary’s attainment of the specified age, the Trustee shall distribute the remaining trust property outright.

3.9 Digital Assets

I expressly consent under NMSA 1978 § 46-13-4(B) to disclosure to my Personal Representative and any Trustee acting hereunder of my digital assets, including the content of electronic communications, and authorize access, control, management, distribution, deletion, or account termination to the fullest extent permitted by §§ 46-13-1 to 46-13-18. A direction I make through a custodian's qualifying online tool controls over a contrary direction in this Will under § 46-13-4(A), and all authority remains subject to applicable law, terms of service, and fiduciary duties.

4. NO-CONTEST PROVISION

If any beneficiary (directly or indirectly) contests or seeks to invalidate this Will or any disposition under it, or institutes or joins any other proceeding relating to my Estate for the purpose of defeating or varying any provision hereof, any share to which that beneficiary would otherwise be entitled shall lapse and pass as part of the Residue as though such beneficiary had predeceased me. Notwithstanding the foregoing, and as required under § 45-3-905 NMSA 1978, this provision is unenforceable against, and shall not effect a forfeiture as to, any beneficiary if probable cause existed for instituting the proceeding.

5. FIDUCIARY POWERS & INDEMNIFICATION

5.1 Fiduciary Liability & Reimbursement

A Personal Representative's duties and liability are governed by NMSA 1978 §§ 45-3-703 and 45-3-712, and a Personal Representative may provide for contractual exoneration only as authorized by § 45-3-715(A)(26). A Trustee is entitled to expense reimbursement under § 46A-7-709, but no term relieves a Trustee from liability beyond the limits of § 46A-10-1008. A Trustee's personal liability to third parties is governed by § 46A-10-1010; this Will creates no blanket liability cap limited to Estate or Trust assets.

5.2 Enumerated Powers

Without limiting the general fiduciary powers authorized under § 45-3-715 NMSA 1978 (transactions authorized for personal representatives) and, as to any trust created hereunder, §§ 46A-8-815 and 46A-8-816 NMSA 1978, my fiduciaries may:

a. Retain, sell, lease, or exchange Estate property;
b. Invest in any kind of property or security, including mutual funds and ETFs;
c. Borrow money and encumber Estate property;
d. Make tax elections and allocations;
e. Employ and compensate professionals; and
f. Take all other actions reasonably necessary to administer the Estate or any trust.

6. GOVERNING LAW & FORUM

This Will and all disputes arising hereunder shall be governed by and construed in accordance with the probate law of the State of New Mexico. Under § 45-1-302 NMSA 1978, the county Probate Court and the District Court for [COUNTY] County, New Mexico have concurrent original jurisdiction over informal proceedings to probate this Will and to appoint a Personal Representative. If any proceeding relating to my Estate becomes formal or contested — including, without limitation, a proceeding to determine testacy, construe this Will, or resolve a contest under Section 4 above — exclusive original jurisdiction lies in the District Court for [COUNTY] County, New Mexico. Arbitration is expressly disclaimed.

7. GENERAL PROVISIONS

7.1 Severability
If any provision of this Will is held invalid, the remaining provisions shall be enforceable to the maximum extent possible.

7.2 Headings
Section headings are for convenience only and shall not affect interpretation.

7.3 Gender & Number
Words of any gender include all genders; words in the singular include the plural and vice versa.

7.4 Counterparts & Electronic Copies
This Will may be executed in counterparts, each of which is deemed an original. Photographic, PDF, or other electronic copies of a signed counterpart shall be acceptable for all purposes.

8. EXECUTION BLOCK

8.1 Testator Signature

IN WITNESS WHEREOF, I, [TESTATOR NAME], have signed this Will on the date set forth below.

____________________________________
[TESTATOR NAME], Testator
Date: ___ / ___ / ______

8.2 Witness Attestation

We, the undersigned witnesses, each declare that on the date written below, Testator, who is personally known to us, declared the foregoing instrument to be Testator’s Last Will and Testament, signed it (or acknowledged a prior signature) in our presence, and we sign below as witnesses in Testator’s presence and in the presence of each other.

8.3 Self-Proving Affidavit (Optional but Recommended)

(§ 45-2-504 NMSA 1978)

I, [TESTATOR NAME], the testator, swear or affirm under penalty of perjury on this ___ day of __________, 20___, that I request [WITNESS #1 NAME] and [WITNESS #2 NAME] to act as witnesses to my will; that I declare to them and the undersigned authority that this document is my will; that I sign this will in the presence of both witnesses; that they sign the will as witnesses in my presence and in the presence of each other; that the will was read by me (or read and explained to me) after being prepared and before I sign it; that it clearly and accurately expresses my wishes; that I sign it willingly (or willingly directed another to sign for me); that I make and sign the will as my free and voluntary act for the purposes expressed in the will; that I am eighteen years of age or older; that I am mentally capable of disposing of my estate by will; and that I am not acting under duress, menace, fraud, or undue influence of any person.

____________________________________
[TESTATOR NAME], Testator

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses, swear or affirm under penalty of perjury on this ___ day of __________, 20___, to the undersigned authority that the testator declares that the attached document is the testator's will; that the testator signs it willingly (or willingly directs another to sign for the testator); that the testator signs it in the presence of both of us and requests both of us to sign as witnesses; that each of us, in the presence of the testator and in the presence of each other, signs this will as witness to the testator's signing; that so far as we can determine, the testator is eighteen years of age or older; that the testator is not acting under duress, menace, fraud, or undue influence of any person; and that the testator, in our opinion, is mentally capable of disposing of the testator's estate by will.

____________________________________
[WITNESS #1 NAME], Witness

____________________________________
[WITNESS #2 NAME], Witness

STATE OF NEW MEXICO
COUNTY OF [____________]

Subscribed and sworn to, or affirmed under penalty of perjury, and acknowledged before me by [TESTATOR NAME], the testator, and subscribed and sworn to, or affirmed under penalty of perjury, before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, this ___ day of __________, 20___.

(Seal)

____________________________________
Notary Public / Officer Authorized to Administer Oaths
My Commission Expires: __________

End of Document