Under New Mexico law, there is no right to an “elective share.” A surviving spouse who was not provided for in the will, however, may a share equal to what he or she would have received had decedent died intestate, unless the omission of the surviving spouse in the will was intentional. See N.M. Stat. Ann. § 45-2-301(A).
New Mexico is a community property state. As a community property state, the surviving spouse is entitled to half of the community property. Community property is property acquired while the surviving spouse and decedent were married.