- 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://law.justia.com/codes/new-mexico/2014/chapter-45/article-2/
- 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.
Where would a brother or sister fall in the for a Widow with no children?
Intestate laws create a “priority” set of beneficiaries.
In some states, a surviving parent would have inheritance rights before a brother or sister