Dying Intestate New Mexico

Married with no children
If there is no surviving child, the surviving spouse gets all of the separate property. The spouse also receives the half of community property to which the decedent could have exercised the power of testamentary disposition.
Married with child or children
If there are surviving children of the decedent, 1/4 of the separate property of the estate and one half of the community property passes to the spouse.
Order of estate distribution if spouse survives
Any part of the estate not going to the decedent’s spouse passes in the following order:
1) Decedent’s descendants
2) Parents
3) Descendants of the decedents
4) Grandparents
No spouse survives but there are other relatives
1) Decedent’s descendants
2) Parents
3) Descendants of the decedents
4) Grandparents
Order of estate distribution if decedent not married, widow or widower
1) Decedent’s descendants
2) Parents
3) Descendants of the decedents
4) Grandparents
No surviving relatives
The estate goes to the state of New Mexico
State link
http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-hit-h.htm&2.0
Other links
None
Special notes
An individual who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent.

2 thoughts on “Dying Intestate New Mexico

    1. Kathy Lane

      Intestate laws create a “priority” set of beneficiaries.

      In some states, a surviving parent would have inheritance rights before a brother or sister

      Reply

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