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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 May 06, 2021 | https://codes.findlaw.com/nm/chapter-45-uniform-probate-code/nm-st-sect-45-2-102.html
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