New Mexico Affidavit Of Heirship Without Will
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FAQ
If a decedent had no children and no Will, the surviving spouse receives all of the decedent's separate property. If the decedent had children and no Will, the decedent's children (or their heirs) receive 75% of the separate property, and the surviving spouse receives 25%.
In New Mexico, if the total value of the estate exceeds $50,000 the will must go through the Court to be probate. An estate worth less than $50,000 is considered a small estate.
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.
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.
In New Mexico in the absence of a will, a surviving spouse inherits the entire estate unless the decedent and the spouse share descendants, in which case the spouse inherits all of the decedent's community property and a quarter of the separate property; the descendants inherit the rest.