Elective Share in New Mexico
State-specific overview · Estate & Probate
A surviving spouse may claim one-half of the community property and one-fourth of separate property, regardless of the will.
How New Mexico treats Elective Share
New Mexico treats property acquired during marriage as community property, which the surviving spouse inherits by operation of law. The spouse's elective share applies to the deceased's separate property, allowing the spouse to claim one-fourth of it if the will provides less. This right exists independent of the will's terms and protects the surviving spouse's interest in marital assets.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Mexico.