Section 45-2-102 - Share of the spouse. - New Mexico Statutes

45-2-102. Share of the spouse.

The intestate share of the surviving spouse is determined as follows:   

A.     as to separate property:   

(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.