The word “intestate” means that someone died without having a last will and testament, otherwise known as a will. Without any legal document describing the decedent’s wishes to guide them, the courts will grant property to the surviving heir at the top of the line in intestate succession. This typically means the spouse, who will inherit everything unless there is a will or other legal document specifying otherwise. If there is no spouse but surviving children, they will split the inheritance evenly. There are also other family members who could inherit if there are no surviving children; you can see more about who is in line for intestate succession in New Mexico below.