NM risk area
Intestacy risk in New Mexico
How assets are distributed when there is no will and state default rules control the outcome.
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.
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in New Mexico
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
- https://law.justia.com/codes/new-mexico/chapter-45/article-2/part-1/subpart-1/section-45-2-102/
- https://codes.findlaw.com/nm/chapter-45-uniform-probate-code/nm-st-sect-45-2-103/
- https://law.justia.com/codes/new-mexico/chapter-45/article-2/part-1/subpart-1/section-45-2-104/
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in New Mexico.