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New Mexico Intestacy Laws
These are selections from the New Mexico intestate succession statutes.  (Chapter 45: Uniform Probate Code, Article 2, Intestate Succession and Wills, Part 1, Intestate Succession.)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


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 will.
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 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.

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 representation; and
 

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.



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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The New Mexico intestate succession statutes may be found in full by selecting this link.  (Chapter 45: Uniform Probate Code, Article 2, Intestate Succession and Wills, Part 1, Intestate Succession.)


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