N.M. Stat. § 45-2-102

Current through 2024, ch. 69

Section 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.

NMS § 45-2-102

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