{"data":{"id":"us-nm/45-2a-6","jurisdiction":"us-nm","citation":"45-2A-6","heading":"Share of spouse.","body":"A. The share of the surviving spouse is:\n(1) if there is no surviving issue, the entire statutory-will estate; or\n(2) if there is a surviving issue:\n(a) subject to any lien or encumbrance, the testator's residence and tangible personal property, except personal property held primarily for investment or for a commercial, agricultural or other business purpose;\n(b) the greater of one hundred fifty thousand dollars ($150,000) or one-half of the balance of the statutory-will estate; and\n(c) subject to Subsection B of this section, an interest in the remaining portion of the statutory-will estate, including any property that would pass under Subparagraph (a) of this paragraph but disclaimed by the surviving spouse, in a trust upon the terms set forth in Section 7 [45-2A-7 NMSA 1978] of the Uniform Statutory Will Act.\nB. If the personal representative, other than the surviving spouse, determines that the trust under Section 7 of the Uniform Statutory Will Act would be uneconomical, the entire statutory-will estate passes to the surviving spouse.","path":["Chapter 45 - Uniform Probate Code","ARTICLE 2A Uniform Statutory Will Act"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18546/index.do","current_through":"2024-09-06","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"70eb1d7a00c573aa7b5a33806b5aedb09727560e54d3458e85f21ec57a6bbd32","source_id":"us-nm","stale":false,"prev":"us-nm/45-2a-5","next":"us-nm/45-2a-7"},"notice":"GroundRules: Original legal text. Not legal advice."}