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Intestate Succession Laws in New Mexico

In New Mexico, a surviving spouse receives the deceased's half of the community property, one-fourth of the separate property when there are descendants, and all of the separate property when there are no descendants. New Mexico is a community property state.

Last checked . General information, not legal advice.

New Mexico at a glance

Spouse share with shared children
All community property; 1/4 of separate property
The spouse already owns half of the community property and takes the decedent's half; descendants take 3/4 of the separate property.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
Entire estate
All separate property and the decedent's half of community property; surviving parents do not take.
Community property state
Yes
The decedent's half of the community property passes to the surviving spouse.

Sources

Last checked

The rules in New Mexico

How much does a surviving spouse inherit in New Mexico when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in New Mexico: All community property; 1/4 of separate property. The spouse already owns half of the community property and takes the decedent's half; descendants take 3/4 of the separate property.

Does a surviving spouse in New Mexico inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in New Mexico: no.

How much does a surviving spouse inherit in New Mexico when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in New Mexico: Entire estate. All separate property and the decedent's half of community property; surviving parents do not take.

Is New Mexico a community property state?

Yes. Community property state in New Mexico: yes. The decedent's half of the community property passes to the surviving spouse.

Where do the New Mexico intestate succession laws come from?

The rules above come from N.M. Stat. Ann. 45-2-102. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

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