Intestate Succession in New Mexico
State-specific overview · Estate & Probate
New Mexico follows the Uniform Probate Code, distributing to spouse and descendants in fixed shares.
How New Mexico treats Intestate Succession
If the deceased leaves a spouse and children, the spouse receives one-half of the estate and the children split the other half equally. If only a spouse survives, the spouse takes the entire estate. New Mexico prioritizes direct descendants first, then parents, then siblings, following the standard UPC hierarchy. The state has adopted most UPC provisions, making its intestate rules predictable and uniform.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession 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.