New Mexico Statutes

§ 45-2-102 — Share of the spouse

New Mexico·Ch. 45 Uniform Probate Code·Art. 2 Intestate Succession and Wills

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.

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Legislative History

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

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