2011 New Mexico Statutes
Chapter 45: Uniform Probate Code
Article 3: Probate of Wills and Administration, 45-3-101 through 45-3-1302
Section 45-3-101: Devolution of estate at death; administration on deaths of husband and wife. (Effective January 1, 2012.)

45-3-101. Devolution of estate at death; administration on deaths of husband and wife.

A. The power of a person to leave property by will, and the rights of creditors, devisees and heirs to his property are subject to the restrictions and limitations contained in Sections 3-101 through 3-1204 [45-3-101 to 45-3-1204 NMSA 1978] to facilitate the prompt settlement of estates.

B. Upon the death of a person, his separate property and his share of community property devolves:

(1) to the persons to whom the property is devised by his last will;

(2) to those indicated as substitutes for them in cases involving lapse, renunciation or other circumstances pursuant to Sections 2-508 and 2-601 through 2-803 affecting the devolution of testate estates; or

(3) in the absence of testamentary disposition, to his heirs or to those indicated as substitutes for them in cases involving renunciation or other circumstances pursuant to Sections 2-301 through 2-405 affecting the devolution of intestate estates.

C. The devolution of separate property and decedent's share of community property is subject to rights to the family allowance and personal property allowance; to rights of creditors; and to administration as provided in Sections 3-101 through 3-1204 [45-3-101 to 45-3-1204 NMSA 1978]. The surviving spouse's share of the community property is subject to administration until the time for presentation of claims has expired, and thereafter only to the extent necessary to pay community claims.