Most people put off making a will because they don't want to think about dying. That's understandable. But dying without a will in New Mexico means the state's intestacy laws decide who gets your property, and those rules don't know anything about your actual relationships, wishes, or circumstances.
New Mexico adopted the Uniform Probate Code in modified form under NMSA § 45. The basic requirements for a valid will in New Mexico are set out at NMSA § 45-2-502: the testator must be at least eighteen years old and of sound mind, the will must be in writing, signed by the testator, and witnessed by two people who saw the testator sign. Simple requirements, but getting them wrong invalidates the whole document.
Patrick J. Martinez handles wills, trusts, and basic estate planning for Albuquerque families and individuals. He's straightforward about what these documents can and can't do, and he explains the options without turning a simple task into a complicated legal production.
What Happens Without a Will in New Mexico
Dying without a will is called dying intestate. Under NMSA § 45-2-102, your estate passes to your closest relatives in a statutory order: spouse and children first, then parents, then siblings, and so on. This sounds reasonable, but it creates real problems in common situations. A surviving spouse doesn't automatically get everything if you have children from a prior relationship. A long-term unmarried partner gets nothing. A stepchild you've raised as your own gets nothing unless adopted.
The probate process still happens with or without a will. Without a will, the court appoints an administrator rather than carrying out your named executor's instructions. The process takes longer and costs more.
Wills vs. Trusts: When Each Makes Sense
A will becomes effective at death, goes through probate, and becomes public record. It's the right tool for most people with straightforward estates.
A revocable living trust holds your assets during your lifetime and distributes them after death without probate. The trust avoids probate entirely, keeps the distribution private, and can be changed or revoked any time while you're alive. It's more work to set up; you have to actually transfer assets into the trust. But for people with real estate or other significant assets, the probate avoidance is often worth it. Patrick helps clients decide which approach makes sense for their specific situation.
Estate Planning Services
Last Wills & Testaments
A properly executed will controls who gets your property and who raises your children. Without one, New Mexico's intestacy statute decides.
Revocable Living Trusts
Trusts avoid probate, keep distribution private, and transfer assets to beneficiaries without court involvement.
Probate & Estate Administration
When a loved one dies, Patrick guides executors and family members through the probate process in Bernalillo County district court.
Powers of Attorney & Advance Directives
A durable power of attorney and health care directive protect you if you become incapacitated. Without them, family members need court approval for basic decisions.