The intestate share of the surviving spouse is determined as follows: A. as to separate property:

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Terms Used In New Mexico Statutes 45-2-102

  • Decedent: A deceased person.
  • Intestate: Dying without leaving a will.

(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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