2016 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 1 - INTESTATE SUCCESSION
Subpart 1 - . General Provisions
Section 45-2-102 - Share of the spouse.

NM Stat § 45-2-102 (2016) What's This?

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.

History: 1953 Comp., 32A-2-102, enacted by Laws 1975, ch. 257, 2-102.

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