New Mexico § 45-2A-6 Share of spouse

New Mexico Statutes

§ 45-2A-6 — Share of spouse

New Mexico § 45-2A-6

Ch. 45Uniform Probate Code

Art. 2AUniform Statutory Will Act

This text of New Mexico § 45-2A-6 (Share of 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. § 45-2A-6 (2026).

Text

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 Unif

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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.