Section 45-2A-6 - Share of spouse.

45-2A-6. Share of spouse.

A.     The share of the surviving spouse is:   

(1)     if there is no surviving issue, the entire statutory-will estate; or   

(2)     if there is a surviving issue:   

(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;   

(b)     the greater of one hundred fifty thousand dollars ($150,000) or one-half of the balance of the statutory-will estate; and   

(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.   

B.     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.