New Mexico § 45-3-923 - Statutory apportionment of estate taxes

Full text of New Mexico New Mexico Statutes Annotated § 45-3-923 — Statutory apportionment of estate taxes, with citation guidance and answers to common questions.

§ 45-3-923. Statutory apportionment of estate taxes

To the extent that apportionment of an estate tax is not controlled by an instrument

described in Section 7 of this act and except as otherwise provided in Sections 10

and 11 of this act, the following rules apply: A. subject to Subsections B, C and D of this section, the estate tax is apportioned

ratably to each person that has an interest in the apportionable estate; B. a generation-skipping transfer tax incurred on a direct skip taking effect at death

is charged to the person to which the interest in property is transferred; C. if property is included in the decedent's gross estate because of Section 2044 of the federal Internal Revenue Code of 1986 or any similar estate tax provision, the difference between the total estate

tax for which the decedent's estate is liable and the amount of estate tax for which

the decedent's estate would have been liable if the property had not been included

in the decedent's gross estate is apportioned ratably among the holders of interests

in the property. The balance of the tax, if any, is apportioned ratably to each other person having

an interest in the apportionable estate; and D. except as otherwise provided in Paragraph (4) of Subsection B of Section 7 of this

act and except as to property to which Section 11 of this act applies, an estate tax

apportioned to persons holding interests in property subject to a time-limited interest

must be apportioned, without further apportionment, to the principal of that property.

Source: official New Mexico text · Last verified 2026-08-27

Frequently Asked Questions About New Mexico § 45-3-923

What does New Mexico Statutes Annotated § 45-3-923 cover?

Section 45-3-923 ("Statutory apportionment of estate taxes") 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 § 45-3-923?

A common citation format is "New Mexico Statutes Annotated § 45-3-923" (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 § 45-3-923 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.