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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 45. Uniform Probate Code § 45-2-102. Share of the spouse - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-45-uniform-probate-code/nm-st-sect-45-2-102.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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