2013 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2A - Uniform Statutory Will Act
Section 45-2A-6 - Share of spouse. (1991)

NM Stat § 45-2A-6 (2013) What's This?

45-2A-6. Share of spouse. (1991) 
A.   The share of the surviving spouse is:   
(1)   if there is no surviving issue, the entire statutory-will estate; or   
(2)   if there is a surviving issue:   
(a)   subject to any lien or encumbrance, the testator's residence and tangible personal property, except personal property held primarily for investment or for a commercial, agricultural or other business purpose;   
(b)   the greater of one hundred fifty thousand dollars ($150,000) or one-half of the balance of the statutory-will estate; and   
(c)   subject to Subsection B of this section, an interest in the remaining portion of the statutory-will estate, including any property that would pass under Subparagraph (a) of this paragraph but disclaimed by the surviving spouse, in a trust upon the terms set forth in Section 7 [45-2A-7 NMSA 1978] of the Uniform Statutory Will Act.   
B.   If the personal representative, other than the surviving spouse, determines that the trust under Section 7 of the Uniform Statutory Will Act would be uneconomical, the entire statutory-will estate passes to the surviving spouse.   
  History: Laws 1991, ch. 173, § 6. 

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