N.M. Stat. § 45-2-504
Self-proved will.
A. A will may be simultaneously executed, attested and made self-proved by
acknowledgment thereof by the testator and affidavits or affirmations under penalty of
perjury of the witnesses, each made before an officer authorized to administer oaths
under the laws of the state in which execution occurs and evidenced by the officer's
certificate, under official seal, in substantially the following form:
"I, ________, the testator, swear or affirm under penalty of perjury on this _______
day of ________, that I request ________ and ________ to act as witnesses to my will;
that I declare to them and the undersigned authority that this document is my will; that I
sign this will in the presence of both witnesses; that they sign the will as witnesses in my
presence and in the presence of each other; that the will was read by me (or read and
explained to me) after being prepared and before I sign it; that it clearly and accurately
expresses my wishes; that I sign it willingly (or willingly directed another to sign for me);
that I make and sign the will as my free and voluntary act for the purposes expressed in
the will; that I am eighteen years of age or older; that I am mentally capable of disposing
of my estate by will; and that I am not acting under duress, menace, fraud or undue
influence of any person.
______________________________
Testator
We, __________ and __________, the witnesses, do hereby swear or affirm under
penalty of perjury on this ___________ day of ___________________ to the
undersigned authority that the testator, __________________, declares that the
attached document is his or her will; that the testator signs it willingly (or willingly directs
another to sign for him or her); that the testator signs it in the presence of both of us and
requests both of us to sign as witnesses; that each of us, in the presence of the testator
and in the presence of each other, signs this will as witness to the testator's signing; that
so far as we can determine, the testator is eighteen years of age or older; that the
testator is not acting under duress, menace, fraud or undue influence of any person;
and that the testator, in our opinion, is mentally capable of disposing of his or her estate
by will.
______________________________
Witness
______________________________
Witness
State of ______________
County of ________________
Subscribed and sworn to, or affirmed under penalty of perjury, and acknowledged
before me by ____________, the testator, and subscribed and sworn to, or affirmed
under penalty of perjury, before me by __________ and __________, witnesses, this
__________ day of __________.
(Seal)
(Signed) ______________________________
______________________________________
(Official capacity of officer)".
B. An attested will may be made self-proved at any time after its execution by the
acknowledgment thereof by the testator and the affidavits or affirmation under penalty of
perjury of the witnesses, each made before an officer authorized to administer oaths
under the laws of the state in which the acknowledgment occurs and evidenced by the
officer's certificate, under official seal, attached or annexed to the will in substantially the
following form:
"I, __________________, the testator, swear or affirm under penalty of perjury on
this _____________ day of ____________ that I requested ______________ and
____________ to act as witnesses to my will; that I declared to them and the
undersigned authority that this document is my will; that I signed this will in the presence
of both witnesses; that they signed the will as witnesses in my presence and in the
presence of each other; that the will was read by me (or read and explained to me) after
being prepared and before I signed it; that it clearly and accurately expresses my
wishes; that I signed it willingly (or willingly directed another to sign for me); that I made
and signed the will as my free and voluntary act for the purposes expressed in the will;
that I am eighteen years of age or older; that I am mentally capable of disposing of my
estate by will; and that I am not acting under duress, menace, fraud or undue influence
of any person.
______________________________
Testator
We, ________________________ and ______________________, witnesses, do
hereby swear or affirm under penalty of perjury on this ___________________ day of
__________________ that the testator, ________________, declared the attached
document to be his or her will; that the testator signed it willingly (or willingly directed
another to sign for the testator); that the testator signed it in the presence of both of us
and requested both of us to sign as witnesses; that each of us, in the presence of the
testator and in the presence of each other, signed this will as witness to the testator's
signing; that so far as we could determine, the testator is eighteen years of age or older;
that the testator was not acting under duress, menace, fraud or undue influence of any
person; and that the testator, in our opinion, was mentally capable of disposing of the
testator's estate by will.
______________________________
Witness
______________________________
Witness
State of __________________________
County of ________________________
Subscribed and sworn to, or affirmed under penalty of perjury, and acknowledged
before me by ___________, the testator, and subscribed and sworn to, or affirmed
under penalty of perjury, before me by ___________ and ___________, witnesses, this
___________ of ___________.
(Seal)
(Signed) ______________________________
______________________________________
(Official capacity of officer)".
C. A signature affixed to a self-proving affidavit attached to a will is considered a
signature affixed to the will if necessary to prove the will's due execution.