Updated September 7, 2026. Quick answer: In New Mexico, you have the later of 12 months from informal probate or 3 years from the date of death to contest a will that has already been admitted to probate, running from whichever of those two events is later.
How long do you have to contest a will in New Mexico?
| Deadline to contest an admitted will | the later of 12 months from informal probate or 3 years from the date of death |
| What starts the clock | whichever of those two events is later |
| Dedicated will-contest statute? | Yes |
“No informal probate or appointment proceeding or formal testacy or appointment proceeding…may be commenced more than three years after the decedent’s death, except…A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within the later of twelve months from the informal probate or three years from the decedent’s death.”
Source: NMSA 1978 § 45-3-108(A)(3)
What makes New Mexico different
New Mexico’s ‘later of’ Uniform Probate Code formula ties the window to whichever event gives the contestant more time, and its underlying 3-year figure is longer than the 1-year figures used in some neighboring UPC states. The controlling authority is NMSA 1978 § 45-3-108(A)(3), and the window runs from whichever of those two events is later.
What happens once this deadline passes?
Once the window above closes, New Mexico’s probate of the will generally becomes final and binding on everyone who had the chance to object, subject only to the tolling or discovery exceptions described above; a separate objection New Mexico allowed at the original probate hearing does not reopen or extend it.
Sources
| Statute / rule | NMSA 1978 § 45-3-108(A)(3) |
| New Mexico courts (general reference) | New Mexico judicial branch |
| Confidence | High |
Every statute or rule quoted on this New Mexico page was read directly from the state’s own legislature/court/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; whether a specific contest is still timely can turn on facts (exactly when notice was given, how the will was probated, whether a disability applies) that only your own New Mexico probate court file can confirm.