New Mexico § 45-3-902 - Distribution; order in which assets appropriated; abatement
Full text of New Mexico New Mexico Statutes Annotated § 45-3-902 — Distribution; order in which assets appropriated; abatement, with citation guidance and answers to common questions.
§ 45-3-902. Distribution; order in which assets appropriated; abatement
A. Except as provided in Subsection C of this section, shares of distributees abate,
without any preference or priority as between real and personal property, in the following
order: (1) property not disposed of by the will; (2) residuary devises; (3) general devises; and (4) specific devises. B. For purposes of abatement, a general devise charged on any specific property or
fund is a specific devise to the extent of the value of the property on which it is
charged and, upon the failure or insufficiency of the property on which it is charged,
a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property
each of the beneficiaries would have received if full distribution of the property
had been made in accordance with the terms of the will. C. If the will expresses an order of abatement or if the testamentary plan or the
express or implied purpose of the devise would be defeated by the order of abatement
stated in Subsection A of this section, the shares of the distributees abate as may
be found necessary to give effect to the intention of the testator. D. If an estate of a decedent consists partly of separate property and partly of community
property, the debts and expenses of administration shall be apportioned and charged
against the different kinds of property in accordance with the provisions of Subsection B of Section 45-2-807 NMSA 1978 . E. If the subject of a preferred devise is sold or used incident to administration,
abatement shall be achieved by appropriate adjustments in or contribution from other
interests in the remaining assets.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-902
What does New Mexico Statutes Annotated § 45-3-902 cover?
Section 45-3-902 ("Distribution; order in which assets appropriated; abatement") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 45-3-902?
A common citation format is "New Mexico Statutes Annotated § 45-3-902" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 45-3-902 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.