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Dying Without a Will

Section 45-2-102 — a surviving spouse takes all separate property, or a fourth with children, and half the community

A surviving spouse's shareAs the section provides
A surviving spouse's shareSeparate property, with no surviving issueAs the section providesThe entire intestate estate
A surviving spouse's shareSeparate property, with surviving issueAs the section providesOne fourth of the intestate estate
A surviving spouse's shareCommunity propertyAs the section providesThe half the decedent could have disposed of by will
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Who handles this in New Mexico: DNA People's Legal Services; and legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.

What does not pass to a spouse, or everything if there is none, goes first to the decedent's descendants by representation, then to the parents, then to the parents' descendants, then to grandparents and their descendants, as the section sets out.

Sources for this section (3)
  1. NMSA 1978, § 45-2-101 — Intestate estate
  2. NMSA 1978, § 45-2-102 — Share of the spouse
  3. NMSA 1978, § 45-2-103 — Share of heirs other than surviving spouse

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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