Will.com / Living trust / New Mexico
NM · Revocable Living Trust
Make your New Mexico living trust.
Skip probate, keep your estate private, and stay in control while you're alive. Legally valid in New Mexico. Free to create, or add secure online document storage with the $29/year subscription.
New Mexico living trust requirements
Special notes for New Mexico
- Married couples may consider a joint community property trust
How it works
- 1
Answer a few questions
About your assets, trustees, and beneficiaries.
- 2
Download your trust
A complete, personalized revocable living trust, formatted for New Mexico.
- 3
Sign and fund
Sign the trust. Fund it by transferring assets into its name (notarization strongly recommended if real estate is involved).
Signing a New Mexico living trust
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Community property in New Mexico
New Mexico is a community-property state under N.M. Stat. §40-3-8 et seq.. Assets you and your spouse acquire during the marriage are presumed to be community property, owned 50/50, regardless of whose name is on the title. Adds an Article VI: Community Property Provisions covering classification of community vs. separate property, the surviving spouse's one-half interest, federal IRC §1014(b)(6) double-stepped-up basis, and record-keeping for traced contributions.
When you fund a revocable trust with community property, both spouses should sign as settlors so the character of the property doesn't change.
Two tiers, both private
Free: nothing leaves your browser. No account, no storage. Clear your answers whenever.
Subscription ($29/year): zero-knowledge encrypted storage. We store the ciphertext; only you hold the key. Edit and update as life changes.
Ready to create your trust?
Whatever you decide today, your family won’t have to guess. Start free, or save it to your account for $29 a year.