What Happens if You Die Without a Will in New Mexico?
When someone passes away without a will in New Mexico, their estate doesn't simply vanish — it must be distributed according to a set of laws known as intestate succession. This can create outcomes the deceased might not have intended, and it often complicates matters for grieving families. Understanding what happens in these situations can help you make informed decisions today that protect your loved ones tomorrow.
What Is Intestate Succession?
Intestate succession is the legal process that determines who inherits a person’s assets when they die without a valid will. In New Mexico, the Uniform Probate Code sets the framework for this distribution. The law prioritizes relatives based on a strict order: surviving spouses, children, parents, siblings, and then more distant relatives.
Here’s a basic breakdown:
If you are married with children, your spouse and children will typically share your estate.
If you are married without children, your spouse may inherit the majority or entirety of your estate.
If you are unmarried but have children, your children will inherit equally.
If no immediate family members survive you, the estate could pass to more distant relatives — and if no heirs can be found, your property may eventually “escheat” to the state of New Mexico.
The Problems with Dying Intestate
While intestate succession laws provide a framework, they are one-size-fits-all and often don't reflect a person's true wishes. Some challenges that can arise include:
Unintended beneficiaries receiving part of the estate.
Family disputes over property and assets.
Delays and added costs in the probate process.
Lack of guardianship provisions for minor children.
Without a will, you also lose the ability to name a personal representative (executor) of your choice, leaving the court to appoint someone to handle your estate — someone who may or may not have been your preferred choice.
How to Avoid These Challenges
Creating even a simple will ensures that you — not the state — decide who inherits your assets and who manages your estate. A well-prepared estate plan can also allow you to:
Appoint trusted guardians for your minor children.
Protect blended families or stepchildren.
Minimize the potential for family conflict.
Streamline the probate process, saving time and money for your loved ones.
Estate planning doesn’t have to be complicated or overwhelming. Starting early, with guidance from an experienced attorney, gives you peace of mind and clarity for those you care about most.
Ready to take control of your future?
If you have questions about creating a will or estate plan, we’re here to help.
Contact Bradley Law Office today to schedule a consultation and start building a plan that reflects your wishes and protects your family.
Disclaimer:
The information provided in this article is for general informational purposes only and should not be construed as legal advice. No attorney-client relationship is formed by reading this content. Every legal situation is unique, and you should consult with a qualified attorney licensed in your jurisdiction to obtain advice specific to your circumstances.