Short answer. 2 witnesses. A self-proving affidavit is sworn before an oath officer such as a notary. Handwritten wills: no.
At a glance
- Witnesses
- At least two witnesses, who sign in the presence of the testator and of each other.
"at least two individuals, each of whom signed in the presence of the testator and of each other"
- Beneficiary as witness
- A will, or any part of it, isn't invalid because an interested witness signed it.
"The signing of a will by an interested witness does not invalidate the will or any provision of it."
- Self-proving affidavit
- Allowed. The testator's acknowledgment and the witnesses' affidavits are each made before an officer authorized to administer oaths.
"each made before an officer authorized to administer oaths"
- Handwritten wills
- Not recognized: the probate code's definition of a will excludes a holographic will.
"'Will' does not include a holographic will."
- Electronic wills
- Not authorized, per Nolo's New Mexico page (updated August 2025).
"New Mexico currently doesn't allow e-wills"
- Remote witnesses
- Not provided for: no New Mexico law we found lets witnesses appear by video, and e-wills aren't authorized (Nolo's New Mexico page, updated August 2025).
- Minimum age
- 18 or older (or an emancipated minor), of sound mind.
"eighteen or more years of age who is of sound mind"
Signing day here
- Witnesses to bring: Bring 2 witnesses.
- Notary and the self-proving affidavit: Have a notary or another officer who can administer oaths there for the self-proving affidavit. The statute names that officer rather than notaries by name.
The full list, with ID and who shouldn't witness: signing-day checklist for New Mexico.
MCC Solutions provides notaries and witnesses for signings in New Jersey (estate planning signings, the estate planning signing package, witness services). Elsewhere, a local notary can help with the self-proving affidavit.
Sources
- NMSA 1978 Chapter 45, Uniform Probate Code, unannotated (New Mexico Compilation Commission, NMOneSource) (checked November 2026)
- Nolo (secondary source): How to Make a Will in New Mexico (Nolo, updated August 2025) (checked November 2026)
Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)".
General information, not legal advice; we are not lawyers. Have a lawyer prepare or review your will. Checked November 2026 against the official pages listed above. Rules change, and how a rule applies to one will is a question for a lawyer licensed in the state. A notary can't give legal advice or draft a will.
Common questions
How many witnesses does a will need in New Mexico?
2. At least two witnesses, who sign in the presence of the testator and of each other.
Does a will need a notary in New Mexico?
Not to be valid on the pages we read; the notary is for the self-proving affidavit. Allowed. The testator's acknowledgment and the witnesses' affidavits are each made before an officer authorized to administer oaths.
Can a beneficiary witness a will in New Mexico?
A will, or any part of it, isn't invalid because an interested witness signed it. The statute: "The signing of a will by an interested witness does not invalidate the will or any provision of it."
Is a handwritten will valid in New Mexico?
Not recognized: the probate code's definition of a will excludes a holographic will.
Are electronic wills allowed in New Mexico?
Not authorized, per Nolo's New Mexico page (updated August 2025).
How old do you have to be to make a will in New Mexico?
18 or older (or an emancipated minor), of sound mind.
All states: will witness requirements by state · New Jersey · New York