2011 New Mexico Statutes
Chapter 45: Uniform Probate Code
Article 2: Intestate Succession and Wills, 45-2-101 through 45-2-1116
Section 45-2-402: Family allowance.


NM Stat § 45-2-402 (1996 through 1st Sess 50th Legis) What's This?

45-2-402. Family allowance.

A decedent's surviving spouse is entitled to a family allowance of thirty thousand dollars ($30,000). If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a family allowance amounting to thirty thousand dollars ($30,000) divided by the number of minor and dependent children of the decedent. The family allowance is exempt from and has priority over all claims against the estate. Family allowance is in addition to any share passing to the surviving spouse or minor or dependent children by intestate succession or by the decedent's will, unless otherwise provided by the decedent in the will or other governing instrument.

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