2017 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 3 - Probate of Wills and Administration
Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS
Section 45-3-406 - Formal testacy proceedings; contested cases; testimony of attesting witnesses.
45-3-406. Formal testacy proceedings; contested cases; testimony of attesting witnesses.
A. If evidence concerning execution of a will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses is required if he is within New Mexico, competent and able to testify. Otherwise, due execution of a will may be proved by other evidence.
B. If the will is self-proved in a contested case, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed, subject to rebuttal without the testimony of any witness, upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.
History: 1953 Comp., 32A-3-406, enacted by Laws 1975, ch. 257, 3-406.
