Detailed answer — immediate steps to check the document

In New Mexico, courts generally prefer an original will when an estate is opened for probate. You can take these practical and legal steps to determine whether a document is likely the original will or merely a copy:

1. Look for original handwriting, ink, and embossing:

   An original will will typically be signed in ink by the testator (the person who made the will) and by the required witnesses. You can often tell an original by the depth of the ink, impressions from pen strokes, or an embossed or raised notary seal. Photocopies tend to be flat and lack tactile features like raised seals or indentations.

2. Check for a notarial certificate or self‑proving affidavit attached:

   Many wills in New Mexico include a notarial acknowledgment or a self‑proving affidavit signed by the testator and witnesses in front of a notary. That affidavit is usually attached to the original will. A notary’s raised seal or original wet ink signature from the notary can indicate you have the original paper.

3. Confirm witness signatures and dates:

   A valid attested will in New Mexico normally contains the testator’s signature and the signatures of the required witnesses. Check whether the witness signatures appear to be original ink and whether dates are present. If witness signatures are missing or look photocopied, that is a red flag.

4. Look for signs of alteration or copying:

   Photocopies may show repeated patterns, gray background, or printing artifacts. Originals may show different ink colors, pen pressure variations, or erasures/overwriting. Don’t try to clean or alter the document.

5. Ask the holder where the document came from and whether an original exists:

   Document custody matters. The person who provided the will should say whether they have the original, where it was kept, and if anyone else (a bank safe deposit box, attorney, or court) may have the original. Executors or the testator’s attorney often keep the original.

6. Contact the county probate court to check for prior filing:

   If the will has already been filed for probate, the court has a record and can tell you whether it received an original or a certified copy. Many probate clerks can confirm whether a will bearing the testator’s name was previously filed in that county. New Mexico’s probate statutes are found in Chapter 45 of the New Mexico Statutes; you can browse that chapter on the New Mexico Legislature website: https://www.nmlegis.gov/Legislation/Statutes/Chapter/45.

If you only have a copy — how New Mexico treats copies at probate

Under New Mexico probate practice, an original will is normally required to open a probate estate. If the original cannot be produced, it may still be possible to admit a copy if you can explain the original’s absence and prove the copy’s contents and the will’s validity. The court will consider evidence about whether the original was lost, destroyed, or withheld and whether the testator revoked the will.

To pursue admitting a copy, you will usually need to:

• Provide testimony or affidavits from witnesses who saw the original will and can confirm its content and that it was not revoked;
• Explain why the original is unavailable (lost, destroyed, in the possession of someone who won’t turn it over); and
• File a petition with the probate court asking the court to admit the copy under the court’s procedures for lost or unavailable wills.

For practical help and forms from the New Mexico courts, start at the Courts’ self‑help pages for wills and estates: https://www.nmcourts.gov/self-help/wills-estates/.

When to suspect fraud or forgery

If signatures look forged, witness signatures are absent or clearly copied, the notary seal looks photocopied, or someone pressurefully prevents access to an original, treat the document with caution. You may need to preserve the document, avoid altering it, and consult an attorney promptly. In suspected forgery cases, law enforcement or a court may order handwriting analysis or other forensic tests.

Next legal steps

1. Contact the county probate clerk to ask whether the document has already been filed or whether the court can advise how to file a petition for probate.
2. If the holder refuses to produce the original, consider a written request for the original and note who refused and when.
3. If you believe the will is the only instrument or the estate is time‑sensitive, consult a probate attorney to discuss filing for probate or filing a petition to admit a copy.
4. If you suspect criminal forgery, consult an attorney about notifying law enforcement.

Helpful hints

• Preserve the document: Do not handle the will more than necessary. Keep it flat and dry in a safe place.
• Photograph the document (without altering it) and keep those photos as part of your records, but don’t rely on photos to prove originality.
• Ask for an explanation in writing if someone claims the original was lost or destroyed—document the chain of custody.
• Check safe deposit boxes, attorneys’ files, or bank vaults where originals are often kept.
• If witnesses are alive, get written statements from them about signing the will and whether they saw the testator sign it.
• If the will contains a self‑proving affidavit signed by a notary, that helps streamline probate if you have the original; a photocopy of the affidavit is usually not sufficient to be treated as the original.
• When in doubt, ask the county probate court clerk for local procedures and timelines. Probate rules and practices vary by county.
• Act promptly. Delays can make it harder to locate witnesses or evidence if the original is missing.