Estate Planning Laws in New Mexico.

New Mexico has adopted the Uniform Probate Code. Provides for informal, formal, and supervised probate administration.

A will must be in writing, signed by the testator (or by another at the testator's direction in the testator's conscious presence), and signed by at least 2 witnesses within a reasonable time after witnessing the signing or acknowledgment.

A will is valid as a holographic will if the signature and material portions are in the testator's handwriting, even without witnesses.

Comprehensive trust code governing creation, modification, termination, and administration of trusts.

New Mexico is a community-property state. Property acquired during marriage is generally presumed community property. At death, the decedent's one-half of the community property passes by will or intestate succession; the other half remains with the surviving spouse.

Personal property of a decedent with aggregate value not exceeding $50,000 may be transferred by affidavit 30 days after death.

New Mexico has adopted the Uniform Real Property Transfer on Death Act permitting TOD deeds for real estate that avoid probate.

New Mexico imposes no estate tax and no inheritance tax.