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Bill Summary · HB 132

Legislative bill overview

HB 132 repeals New Mexico's statutory requirement that wills be deposited with the court or designated custodian during the testator's lifetime. Currently, New Mexico law allows (and in some contexts encourages) people to file their wills with courts for safekeeping before death. This bill eliminates that option entirely, leaving will storage decisions solely to individuals and their chosen representatives.

Why is this important

This change affects how people preserve critical estate planning documents. Removing the court deposit option means testators must rely on personal arrangements, attorneys, banks, or other private entities to safeguard wills, potentially increasing risks of loss, destruction, or misplacement before probate proceedings begin. The change also simplifies court administrative processes by removing this custodial function.

Potential points of contention

  • Document security concerns: Opponents may argue that eliminating court deposit removes a secure, publicly-backed storage option, leaving vulnerable populations (elderly, low-income) at greater risk of losing their wills
  • Probate complications: Without court-deposited wills readily available in official records, courts and heirs may face greater difficulty locating valid wills, potentially leading to intestate succession disputes
  • Modernization vs. tradition: Supporters may frame this as eliminating outdated practice, while opponents may view it as removing a protective safeguard that costs little to maintain

Compiled from official sources — confirm details with the bill’s official record.

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