New Mexico: Every Legal, Medical, and Estate Planning Document You Need

Here's a complete guide to every critical medical, legal, and estate planning document and relevant state law for New Mexico. Download these forms and get started with Pillar to organize all of your most important documents in one safe, secure, easy-to-use online storage solution

February 2, 2021

If you or a loved one lives in the Land of Enchantment, there are a lot of important medical forms, legal documents, and state laws governing how you disburse your assets in a will or trust. It’s a lot to keep track of.

To help you out, we’ve compiled this checklist of the most essential documents you need to prepare your estate for any medical, legal, and end-of-life decisions if you live in New Mexico. Start preparing you and your loved ones for the future with Pillar and keep every important document safe, organized, and ready to share when you need it.

Essential New Mexico Medical Laws & Forms

How to Get Your Medical Records in New Mexico

New Mexico law requires physicians to keep medical records for at least 6 years.

Although doctors do not share medical records with anyone, patients can give written consent to their trusted kin such as spouses, parents or lawyers to see their medical records. A person who violates the confidentiality of medical records can be fined up to $100.

Learn more about your rights when it comes to your medical records

New Mexico Advance Directive for Healthcare

You have the right to give instructions concerning your healthcare decisions in New Mexico by establishing your medical wishes with advance directives. These documents outline a plan to medical staff on a patient’s treatment choices when they can no longer make the decisions on their own.

An advance directive typically contains these three documents governed by the New Mexico state statute:

  • Power of attorney for healthcare
  • Living will
  • The right to name your primary physician

Download these Advance Directive Forms and get started planning for the future.

How to Become an Organ Donor in New Mexico

A single organ donor can save up to eight lives through the gifts of lungs, liver, heart, kidneys, pancreas and intestines transplants. To register as an organ donor in New Mexico visit Donate Life New Mexico.

Essential New Mexico Legal & Estate Planning Documents

How to Create a Will in New Mexico

In New Mexico, a last will and testament document is a legal document that allows someone to specifically state what they would like to do with their assets when they pass away. 

Download this living will and testament form to get started planning your estate.

Probate & Trust Laws in New Mexico

Probate is the legal process of administering a will. Normally, a probate has to be filled within 3 years of the decedent’s death, and in New Mexico the probate process can last for up to two years.

You can protect your assets by placing them in a number of different trusts. In New Mexico, the law dictates that no appointment of a personal representative may be made during the first 5 days following death.

Here are the requirements to create a valid trust in New Mexico:

  • The settlor has the capacity to create the trust
  • The settlor indicates the intention to create trust
  • The trust has a definite beneficiary
  • The trustee has duties to perform
Learn more about the biggest differences between a will and a trust

Does New Mexico have Inheritance and Estate tax?

New Mexico does not have an estate or inheritance tax. However, you may have to pay taxes on an inheritance you receive from another state as well as federal taxes on inheritances.

How to Get a Birth Certificate in New Mexico

The cost to obtain a copy of a birth certificate is $10. These records are filed permanently at New Mexico vital statistics department:

How to Get a Death Certificate in New Mexico

Access to death certificates in New Mexico are restricted to immediate family members only, including parents, siblings, children, spouse, maternal and paternal grandparents. These documents become public after 50 years of death. The cost to obtain an official copy is $5 per copy:

How to Organize Your Most Important Documents

Life can be complicated, no matter where you live. Create your customized account with Pillar and safely scan, store, and even share all of your most important medical, financial, and legal documents from one secure online cloud storage solution so you have everything you need for all of life's biggest moments.

Start your free 14-day trial and let Pillar help make the complicated stuff a little easier to manage.