45-2-101. Intestate estate.
A. Any part of a decedent's estate not effectively disposed of by will
passes by intestate succession to the decedent's heirs as prescribed in the
Uniform Probate Code [this chapter], except as modified by the decedent's
B. A decedent by will may expressly exclude or limit the right of an
individual or class to succeed to property of the decedent passing by
intestate succession. If that individual or a member of that class survives
the decedent, the share of the decedent's intestate estate to which that
individual or class would have succeeded passes as if that individual or
each member of that class had disclaimed his intestate share.
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
(2) if there is surviving issue of the decedent, one-fourth of the intestate
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.
45-2-103. Share of heirs other than surviving spouse.
Any part of the intestate estate not passing to the decedent's surviving
spouse pursuant to Section 45-2-102 NMSA 1978, or the entire intestate
estate if there is no surviving spouse, passes in the following order to the
individuals designated below who survive the decedent:
A. to the decedent's descendants by representation;
B. if there is no surviving descendant, to the
decedent's parents equally if both survive, or to the surviving parent;
C. if there is no surviving descendant or
parent, to the descendants of the decedent's parents or either of them by
D. if there is no surviving descendant, parent
or descendant of a parent, but the decedent is survived by one or more
grandparents or descendants of grandparents, half of the estate passes to
the decedent's paternal grandparents equally if both survive, or to the
surviving paternal grandparent, or to the descendants of the decedent's
paternal grandparents or either of them if both are deceased, the
descendants taking by representation, and the other half passes to the
decedent's maternal relatives in the same manner; but if there is no
surviving grandparent or descendant of a grandparent on either the paternal
or the maternal side, the entire estate passes to the decedent's relatives
on the other side in the same manner as the half.
CLICK HERE AND OPEN THE NEW SITE TO CONTINUE READING THE LAWS