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Estate and Inheritance Tax in New Mexico

New Mexico's estate tax equals a federal credit for state death taxes that no longer exists, so no New Mexico estate tax results for current deaths.

Last checked . General information, not legal advice.

New Mexico at a glance

State estate tax
No
NMSA 7-7-3 imposes a tax equal to the federal credit under 26 U.S.C. 2011, which was repealed.
Estate tax exemption
No state estate tax
Top estate tax rate
No state estate tax

Sources

Last checked

The rules in New Mexico

Does New Mexico have a state estate tax?

No. State estate tax in New Mexico: no. NMSA 7-7-3 imposes a tax equal to the federal credit under 26 U.S.C. 2011, which was repealed.

What is the estate tax exemption in New Mexico?

Estate tax exemption in New Mexico: No state estate tax.

What is the top estate tax rate in New Mexico?

Top estate tax rate in New Mexico: No state estate tax.

Where do the New Mexico estate and inheritance tax rules come from?

The rules above come from N.M. Stat. Ann. 7-7-2 and N.M. Stat. Ann. 7-7-3. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

State estate tax exemptions can be much lower than the federal exemption, so an estate that owes no federal tax may still owe state tax. Some states adjust their exemption each year for inflation, so check the amount for the year of death.

Real estate is generally taxed by the state where it is located. A person who lives in one state and owns land in another may need to consider the rules of both states, which is one reason some people hold out-of-state property in a living trust.

Estate and inheritance tax returns have filing deadlines and may require payment before the estate is closed. Executors often work with a tax professional to value assets, claim deductions such as the marital and charitable deductions, and file on time.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.