Detailed Answer

Under New Mexico law, a valid will normally must be signed by the testator and witnessed by two individuals. See N.M. Stat. § 45-2-502. However, the Uniform Probate Code allows two exceptions:

1. Holographic wills: A will written entirely in the testator’s handwriting and signed, without witnesses. See § 45-2-502.
2. Probate of nonformal wills: A document not executed with required formalities may still be admitted if the proponent proves by clear and convincing evidence that the decedent intended it as their will. See N.M. Stat. § 45-2-504.

Steps to Probate an Unwitnessed or Unnotarized Will

1. Gather evidence: Collect the original document, any drafts, letters or notes showing testamentary intent, and proof of the decedent’s handwriting (e.g., signature samples).
2. File a probate petition: Submit a Petition for Probate (Form 101 NMRA) in the district court of the county where the decedent lived. Indicate you seek admission under § 45-2-504.
3. Serve notice: Notify heirs, beneficiaries and creditors as required by N.M. Stat. § 45-3-304. This gives interested parties a chance to contest.
4. Prepare evidentiary support: Draft an affidavit or declaration detailing how the document qualifies under § 45-2-504. Identify witnesses who can testify to authenticity or the decedent’s intent.
5. Attend the probate hearing: The court reviews evidence. If it finds clear and convincing proof of testamentary intent, the judge admits the will to probate.
6. Appoint a personal representative: Once admitted, the court issues Letters Testamentary. The personal representative administers the estate, pays debts and distributes assets per the will.

Helpful Hints

• Keep multiple originals or clear copies of the will.
• Obtain handwriting verifications from a qualified document examiner.
• Document all relevant conversations or notes about the decedent’s intentions.
• Meet all notice deadlines to avoid delays or objections.
• Consider informal probate to streamline court procedures.