New Mexico Affidavit Of Heirship Without A Lawyer
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FAQ
Upon the death of either spouse, one-half of the community property belongs to the surviving spouse, and the other half is subject to the testamentary disposition of the decedent, except that community property that is joint tenancy property under Subsection B of Section 40-3-8 NMSA 1978 shall not be subject to the ...
When there is no will, New Mexico distributes a decedent's property based on heirship: Surviving spouse and children ? In this situation, the spouse receives all communal property and a quarter of the decedent's separate property. The remaining separate property is split among surviving children.
If there isn't a will, the court will appoint someone, usually an adult child or surviving spouse, to be the executor or personal representative of the deceased. The executor or personal representative takes care of the estate of the decedent and makes sure that it is watched after.
If you have no spouse and any of your children are alive, they will be the only heirs to your estate. If you die with a spouse and children, your spouse will inherit all community property and 1/4 of your individual property. Your children will inherit 3/4 of your individual property.
Essentially, the affidavit identifies the rightful heirs of property within an estate after the death of a loved one and allows for the legal transfer of that property to change from the ownership of the decedent to their heirs.