New Mexico § 45-3-922 - Apportionment by will or other dispositive instrument
Full text of New Mexico New Mexico Statutes Annotated § 45-3-922 — Apportionment by will or other dispositive instrument, with citation guidance and answers to common questions.
§ 45-3-922. Apportionment by will or other dispositive instrument
A. Except as otherwise provided in Subsection C of this section, the following rules
apply: (1) to the extent that a provision of a decedent's will expressly and unambiguously
directs the apportionment of an estate tax, the tax must be apportioned accordingly; (2) any portion of an estate tax not apportioned pursuant to Paragraph (1) of this
subsection must be apportioned in accordance with any provision of a revocable trust
of which the decedent was the settlor that expressly and unambiguously directs the
apportionment of an estate tax. If conflicting apportionment provisions appear in two or more revocable trust instruments,
the provision in the most recently dated instrument prevails. For purposes of this paragraph: (a) a trust is revocable if it was revocable immediately after the trust instrument
was executed, even if the trust subsequently becomes irrevocable; and (b) the date of an amendment to a revocable trust instrument is the date of the amended
instrument only if the amendment contains an apportionment provision; and (3) if any portion of an estate tax is not apportioned pursuant to Paragraph (1) or
(2) of this subsection, and a provision in any other dispositive instrument expressly
and unambiguously directs that any interest in the property disposed of by the instrument
is or is not to be applied to the payment of the estate tax attributable to the interest
disposed of by the instrument, the provision controls the apportionment of the tax
to that interest. B. Subject to Subsection C of this section, and unless the decedent expressly and
unambiguously directs the contrary, the following rules apply: (1) if an apportionment provision directs that a person receiving an interest in property
under an instrument is to be exonerated from the responsibility to pay an estate tax
that would otherwise be apportioned to the interest: (a) the tax attributable to the exonerated interest must be apportioned among the
other persons receiving interests passing under the instrument; or (b) if the values of the other interests are less than the tax attributable to the
exonerated interest, the deficiency must be apportioned ratably among the other persons
receiving interests in the apportionable estate that are not exonerated from apportionment
of the tax; (2) if an apportionment provision directs that an estate tax is to be apportioned
to an interest in property a portion of which qualifies for a marital or charitable
deduction, the estate tax must first be apportioned ratably among the holders of the
portion that does not qualify for a marital or charitable deduction and then apportioned
ratably among the holders of the deductible portion to the extent that the value of
the nondeductible portion is insufficient; (3) except as otherwise provided in Paragraph (4) of this subsection, if an apportionment
provision directs that an estate tax be apportioned to property in which one or more
time-limited interests exist, other than interests in specified property under Section
11 of this act, the tax must be apportioned to the principal of that property, regardless
of the deductibility of some of the interests in that property; and (4) if an apportionment provision directs that an estate tax is to be apportioned
to the holders of interests in property in which one or more time-limited interests
exist and a charity has an interest that otherwise qualifies for an estate tax charitable
deduction, the tax must first be apportioned, to the extent feasible, to interests
in property that have not been distributed to the persons entitled to receive the
interests. C. A provision that apportions an estate tax is ineffective to the extent that it
increases the tax apportioned to a person having an interest in the gross estate over
which the decedent had no power to transfer immediately before the decedent executed
the instrument in which the apportionment direction was made. For purposes of this subsection, a testamentary power of appointment is a power
to transfer the property that is subject to the power.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-3-922
What does New Mexico Statutes Annotated § 45-3-922 cover?
Section 45-3-922 ("Apportionment by will or other dispositive instrument") 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 § 45-3-922?
A common citation format is "New Mexico Statutes Annotated § 45-3-922" (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 § 45-3-922 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.