State Codes and Statutes

Statutes > New-mexico > Chapter-45 > Article-2 > Section-45-2-102

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.   

State Codes and Statutes

Statutes > New-mexico > Chapter-45 > Article-2 > Section-45-2-102

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.   


State Codes and Statutes

State Codes and Statutes

Statutes > New-mexico > Chapter-45 > Article-2 > Section-45-2-102

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.