Islamic will (wasiyya) in New Mexico

What your wasiyya (will) covers

• What you owe to Allah — zakat, Hajj, missed prayers and fasts, kaffara, and khums for Shia members.
• What you owe to people — debts and trusts (amanat).
• Your heirs' shares under the Qur'an, by the Sunni schools or the Jaʿfari school, as a guide for your executor.
• Up to one-third for the causes and people you choose, your executor, and guardians for young children.

Signing it so it holds up in New Mexico

Each US state sets its own rules for signing a will. Most ask for your signature in front of two adult witnesses — safest if they inherit nothing under it — and some let you add a notarized "self-proving" statement so the witnesses needn't be found later. Read New Mexico's will rules (FindLaw).

Your wasiyya (will) on Islamic Souls comes out as a PDF to print and sign, and you keep the signed copy on your private page so it's never lost.

Passing things on without probate in New Mexico

• Your home: New Mexico allows a transfer-on-death deed, so a home can pass to the people you name without probate. New Mexico allows transfer-on-death deeds for real estate; the State Bar lists them as a way to avoid probate.
• Small estates: Estates under $50,000 with no real estate can be collected by affidavit 30 days after death (NMSA 45-3-1201).
• Cars: The same affidavit can be presented to the Motor Vehicle Division to retitle the decedent's vehicles.
• A surviving spouse can take the main home (worth under $500,000) by affidavit after 6 months (NMSA 45-3-1205).

Sources: State Bar of New Mexico - Probate guide · Torrance County - Small estate affidavit

Members can ask a licensed estate attorney to prepare a trust or deed and write the Islamic shares into it. More about avoiding probate.