What Happens If You Die Without a Will in New Mexico?

When someone dies without a will in New Mexico, state intestacy laws determine who inherits. As a community property state, the surviving spouse typically receives all community property, while separate property follows intestacy rules.

In New Mexico, if someone dies without a will, the surviving spouse's share depends on whether there are surviving children or other heirs. Community property passes entirely to the spouse, while separate property is divided according to intestacy rules.

In New Mexico, children inherit per capita at each generation, meaning living members of the nearest generation divide equally. If a child predeceases the parent, that child's descendants typically inherit their share.

In New Mexico, if someone dies without a spouse or children, the estate passes to other relatives in this order: parents, then siblings (and their descendants), then grandparents, then aunts and uncles (and their descendants). If no relatives exist, the estate escheats to the state.

New Mexico is a community property state. Property acquired during marriage is presumed to be community property owned 50/50 by each spouse. At death, the surviving spouse already owns half, and the deceased spouse can only leave their half. Separate property (inherited or owned before marriage) follows different rules.