New Mexico § 45-3-406 - Formal testacy proceedings; contested cases; testimony of attesting witnesses
Full text of New Mexico New Mexico Statutes Annotated § 45-3-406 — Formal testacy proceedings; contested cases; testimony of attesting witnesses, with citation guidance and answers to common questions.
§ 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.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-406
What does New Mexico Statutes Annotated § 45-3-406 cover?
Section 45-3-406 ("Formal testacy proceedings; contested cases; testimony of attesting witnesses") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 45-3-406?
A common citation format is "New Mexico Statutes Annotated § 45-3-406" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 45-3-406 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.