New Mexico § 45-2-102 Share of the spouse

New Mexico Statutes

§ 45-2-102 — Share of the spouse

New Mexico § 45-2-102

Ch. 45Uniform Probate Code

Art. 2Intestate Succession and Wills

This text of New Mexico § 45-2-102 (Share of the spouse) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 45-2-102 (2026).

Text

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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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.