NM state guide
New Mexico estate risk overview
This guide explains how estate outcomes work in New Mexicowhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
New Mexico intestacy splits separate and community property, giving the spouse the decedent's half of community property and all or a fraction of separate property depending on surviving descendants.
- Community property: the decedent's one-half passes to the surviving spouse.
- Separate property: the spouse receives all if there are no surviving descendants, or one-fourth if descendants survive.
- Any remaining intestate estate passes to descendants by representation.
- If no descendants survive, the estate passes to parents, then descendants of parents, then grandparents and their descendants.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
New Mexico allows collection of personal property by affidavit 30 days after death when the estate is within a statutory cap and no personal representative is pending.
- The estate value must be $50,000 or less, net of liens and encumbrances.
- At least 30 days must pass after death before using the affidavit.
- No personal representative can be pending or appointed in any jurisdiction.
- The affidavit cannot be used to transfer real estate.
- The affidavit authorizes successors to collect personal property without a court-appointed representative.
Estate and inheritance tax exposure
New Mexico's estate tax is phased out due to federal law changes, and the state does not impose an inheritance tax.
- New Mexico's estate tax is phased out due to federal tax law changes as of January 1, 2005.
- If a federal Form 706 is required, New Mexico requires a state estate tax return to obtain a certificate of no tax due.
- New Mexico does not impose an inheritance tax.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
New Mexico allows parents to appoint a guardian by will or signed writing and permits court appointments when parental rights are terminated or suspended.
- A parent may appoint a guardian for a minor by will or other signed writing with witnesses.
- A parental nominee has priority unless they fail to accept within the statutory window.
- The court may appoint a guardian if parental rights are terminated or suspended.
- A temporary guardian may be appointed for up to six months when necessary.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Temporary or emergency guardianships may be available for urgent situations.
Risk areas
Explore estate risk dimensions in New Mexico
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in New Mexico
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in New Mexico
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in New Mexico
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.