Detailed answer — how New Mexico courts handle lost or damaged wills

This is general information, not legal advice. If the original will was lost or damaged while being mailed to the probate court, you may still be able to probate the testator’s (decedent’s) intentions in New Mexico, but you will need to follow specific steps and prove certain facts to the court.

Key legal principle

Probate normally requires the original signed will. When the original cannot be produced because it was lost, destroyed, or damaged after it was properly executed and while in the testator’s control or while in transit, courts may admit secondary evidence of the will’s contents — for example, a complete and authentic copy plus witness testimony or affidavits — if the proponent proves that the original existed and was not revoked. The court assesses whether the evidence is sufficient to establish the document as the testator’s valid will.

Typical court requirements (what the probate judge will look for)

• Proof that a valid original will was executed: testimony or affidavits from attesting witnesses or other people who saw the executed original.
• Evidence showing the original has been lost or destroyed without intent to revoke: this can include postal tracking, sworn statements that the package was mailed and never received by the court, or photos of damaged pages in the mailing container.
• A reliable copy of the will (photocopy, scanned PDF, or a certified copy if one exists) showing the complete text and signatures.
• Evidence that the testator did not revoke the will: testimony from witnesses, absence of later executed wills, and other circumstantial evidence.
• Clear and convincing evidence may be required if the circumstances are contested. The precise burden may vary depending on the facts and any applicable New Mexico rules or case law.

Practical steps you should take immediately

1. Stop and document. Keep any packaging, envelopes, tracking slips, receipts, or photos of the damaged document. Record dates, times, and the names of anyone you contacted about the mailing.
2. Check tracking and mail records. Obtain a tracking history from USPS or the carrier. If the mail was lost or damaged in the post, request a write-up or incident report from the carrier and save it.
3. Contact the probate clerk. Tell the clerk that the original will was mailed but lost/damaged and ask about filing options and any temporary accommodations or filing deadlines.
4. Gather copies and witnesses. Locate any copies (drafts, photocopies, scanned files, a copy held by the attorney who drafted the will) and get sworn statements from the attorney, witnesses, or anyone who saw the signed original.
5. Prepare affidavits. Affidavits from attesting witnesses and from the person who mailed the will describing how the will was prepared, executed, and mailed are often critical evidence.
6. Consult a probate attorney promptly. A lawyer can prepare the petition to admit a lost or destroyed will and advise on the proof needed for New Mexico courts.

What the court can order

The probate court may:

• Admit a copy of the will to probate as the decedent’s valid will if the evidence convinces the court the original existed and was not revoked.
• Admit a damaged original if enough of the document and the testator’s signature remain to verify authenticity and intent.
• Hold a hearing and take testimony from witnesses, the person who mailed the document, and any relevant third parties (for example, the drafting lawyer or postal employees).
• Require additional safeguards (for example, appointment of a special administrator or bond) if there is a significant dispute or risk of fraud.

Timing and deadlines

Probate deadlines vary with the circumstances. You should act quickly: preserve evidence, notify the court, and file any petition within the time limits set by New Mexico law and local court rules. If a deadline has passed, an attorney can advise whether you can still proceed and how to request relief.

Where to look for official guidance

Contact the New Mexico probate court website or the clerk’s office for the district where the decedent lived for local procedures and forms: New Mexico Courts. For statutory text and the state’s probate code, consult the New Mexico statutes and official resources available through state government publication sources.

Helpful hints — practical checklist if a will was lost or damaged in the mail

• Do not assume the will is automatically invalid. Courts often admit secondary evidence when the original was lost or destroyed unintentionally.
• Preserve everything. Keep packaging, postage receipts, tracking emails, and pictures of any damage.
• Obtain a postal or carrier incident report right away. The carrier’s documentation can support your claim the original was lost or damaged in transit.
• Collect copies. Find any draft or final copies from the drafting attorney, the testator’s files, or other custodians. A complete and authenticated copy helps a lot.
• Get sworn statements from attesting witnesses and the person who mailed the will describing when and how the will was executed and mailed.
• Contact the probate clerk early. Local clerks can explain filing steps and any temporary measures for proving a lost or damaged will.
• Expect a hearing. A judge will likely want live testimony if there is any dispute about authenticity, revocation, or the circumstances of the loss or damage.
• Hire a probate attorney for contested situations. If anyone will contest the will (heirs, beneficiaries), legal counsel will help preserve rights and prepare the necessary proof.
• If the original is damaged but salvageable, do not attempt to repair it in a way that alters the document. Photograph it and present it to the court with a record of chain-of-custody and condition.
• Be prepared for delays. Proving a lost/damaged will can take time; planning for interim estate needs (bills, property management) is important.