Who Inherits If You Die Without a Will in New Mexico
New Mexico's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: Surviving spouse: receives the deceased spouse's half of the community property (so the spouse ends up with all community property), plus all separate property if the decedent left no descendants, or one-fourth of the separate property if there are descendants. NMSA 1978, §§ 45-2-102, 45-2-103
| Who inherits without a will | Surviving spouse: receives the deceased spouse's half of the community property (so the spouse ends up with all community property), plus all separate property if the decedent left no descendants, or one-fourth of the separate property if there are descendants. The rest goes to descendants by representation; if none, to parents; then to the parents' descendants (brothers, sisters, nieces, nephews); then half to each side of grandparents and their descendants. Re-verified 2026-10-27. Source: NMSA 1978, §§ 45-2-102, 45-2-103 |
|---|---|
| Surviving spouse's share | New Mexico is a community property state. The surviving spouse keeps their own half of the community property; the deceased spouse's separate property and half of the community property pass by will (or to heirs if there is no will). The spouse's half of community property remains subject to administration until the creditor claim period ends. The courts' self-help page also describes a family allowance ($30,000) and personal property allowance ($15,000). Re-verified 2026-10-27. Source: NMSA 1978, § 45-3-101 |
| Small estate affidavit | Thirty days after death, if no personal representative has been appointed or applied for, a successor may collect personal property with a notarized affidavit (Affidavit of Successor in Interest) if the whole estate, less liens and encumbrances, is $50,000 or less. It cannot be used to transfer real estate. A surviving spouse may use a separate affidavit filed with the county clerk for the home if, 6 months after death, no probate has been filed, the home is the only asset to transfer, and its assessed value is not more than $500,000. Re-verified 2026-10-27. Source: NMSA 1978, § 45-3-1201 |
More New Mexico estate law
- Medical Power of Attorney in New Mexico
- Small Estate Affidavit in New Mexico
- Power of Attorney in New Mexico
- Quitclaim Deeds and Transferring Property in New Mexico
- How to Make a Valid Will in New Mexico
- How Probate Works in New Mexico
- Living Wills and Advance Directives in New Mexico
- Revocable Living Trusts in New Mexico
- Executor Duties in New Mexico
- Letters Testamentary in New Mexico
- Affidavit of Heirship in New Mexico
- How to Avoid Probate in New Mexico
- Transferring a Car After Someone Dies in New Mexico
- All New Mexico wills, probate and estate rules
FAQ
Who inherits if someone dies without a will in New Mexico?
Surviving spouse: receives the deceased spouse's half of the community property (so the spouse ends up with all community property), plus all separate property if the decedent left no descendants, or one-fourth of the separate property if there are descendants. The rest goes to descendants by representation; if none, to parents; then to the parents' descendants (brothers, sisters, nieces, nephews); then half to each side of grandparents and their descendants.
What is a surviving spouse entitled to in New Mexico?
New Mexico is a community property state. The surviving spouse keeps their own half of the community property; the deceased spouse's separate property and half of the community property pass by will (or to heirs if there is no will). The spouse's half of community property remains subject to administration until the creditor claim period ends.
What is the small estate limit in New Mexico?
Thirty days after death, if no personal representative has been appointed or applied for, a successor may collect personal property with a notarized affidavit (Affidavit of Successor in Interest) if the whole estate, less liens and encumbrances, is $50,000 or less. It cannot be used to transfer real estate. A surviving spouse may use a separate affidavit filed with the county clerk for the home if, 6 months after death, no probate has been filed, the home is the only asset to transfer, and its assessed value is not more than $500,000.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.