2006 New Mexico Statutes - 45-2-102 — Share of the spouse.

45-2-102. Share of the spouse.

The intestate share of the surviving spouse is determined as follows:   

A.     as to separate property:   

(1)     if there is no surviving issue of the decedent, the entire intestate estate; or   

(2)     if there is surviving issue of the decedent, one-fourth of the intestate estate; and   

B.     as to community property, the one-half of the community property as to which the decedent could have exercised the power of testamentary disposition passes to the surviving spouse.   

Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.