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561:1 Distribution Upon Intestacy.
The real estate and personal estate of every
person deceased, not devised or bequeathed, subject to any homestead right,
and liable to be sold by license from the court of probate in cases provided
by law, and personally remaining in the hands of the administrator on
settlement of his or her account, shall descend or be distributed by decree
of the probate court:
I. If the deceased is survived by a spouse, the spouse shall receive:
(a) If there is no surviving issue or parent of the decedent, the entire
intestate estate;
(b) If there are surviving issue of the decedent all of whom are issue of
the surviving spouse also, and there are no other issue of the surviving
spouse who survive the decedent, the first $250,000, plus 1/2 of the
balance;
(c) If there are no surviving issue of the decedent but the decedent is
survived by a parent or parents, the first $250,000, plus 3/4 of the balance
of the intestate estate;
(d) If there are surviving issue of the decedent all of whom are issue of
the surviving spouse also, and the surviving spouse has one or more
surviving issue who are not the issue of the decedent, the first $150,000,
plus 1/2 of the balance of the intestate estate;
(e) If there are surviving issue of the decedent one or more of whom are not
issue of the surviving spouse, the first $100,000, plus 1/2 of the intestate
estate.
II. The part of the intestate estate not passing to the surviving spouse
under paragraph I, or the entire intestate estate if there is no surviving
spouse, passes as follows:
(a) To the issue of the decedent equally if they
are all of the same degree of kinship to the decedent, but if of unequal
degree, then those of more remote degree take by representation.
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(b) If there are no surviving issue, to the
decedent's parent or parents equally.
(c) If there are no surviving issue or parent, to the brothers and sisters
and the issue of each deceased brother or sister by representation; if there
is no surviving brother or sister, the issue of brothers and sisters take
equally if they are all of the same degree of kinship to the decedent, but
if of unequal degree then those of more remote degree take by
representation.
(d) If there are no surviving issue, parent or
issue of a parent but the decedent is survived by one or more grandparents,
one half of the estate passes to the paternal grandparents if both survive
or to the surviving paternal grandparent if one paternal grandparent is
deceased and the other half passes to the maternal grandparents in the same
manner; or if only one grandparent survives, such grandparent shall receive
the entire estate.
(e) If there are no surviving issue, parent,
issue of a parent, or grandparent but there are issue of the decedent's
grandparent who survive, one half of the estate passes to the issue of the
paternal grandparent who are not beyond the fourth degree of kinship to the
decedent and said issue shall take equally if they are all of the same
degree of kinship to the decedent, but if of unequal degree those of more
remote degree take by representation, and the other half passes to the issue
of the maternal grandparent who are not beyond the fourth degree of kinship
and said issue shall take equally if they are all of the same degree of
kinship to the decedent, but if of unequal degree those of more remote
degree take by representation; provided, however, that if there are no issue
of the decedent's grandparent within the fourth degree of kinship to the
decedent on either the paternal or maternal side, the entire estate passes
to the issue on the other side who are not beyond the fourth degree of
kinship to the decedent and said issue shall take equally if they are all of
the same degree of kinship to the decedent, but if of unequal degree those
of more remote degree take by representation.
(f) No portion of a decedent's intestate estate shall pass to any person who
is of the fifth or greater degree of kinship to the decedent.
(g) If there is no taker under the provisions of this section, the intestate
estate passes to the state of New Hampshire.
III. All determinations of survivorship shall be made in accordance with the
provisions of RSA 563.
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