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New Mexico Statutes Chapter 45. Uniform Probate Code § 45-2-102. Share of the spouse

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.

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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

Read this complete New Mexico Statutes Chapter 45. Uniform Probate Code § 45-2-102. Share of the spouse on Westlaw. Westlaw subscription required.

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