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45-2-101. Intestate estate.
A. Any part of a decedent's estate not effectively disposed of by will
passes by intestate succession to the decedent's heirs as prescribed in the
Uniform Probate Code [this chapter], except as modified by the decedent's
will.
B. A decedent by will may expressly exclude or limit the right of an
individual or class to succeed to property of the decedent passing by
intestate succession. If that individual or a member of that class survives
the decedent, the share of the decedent's intestate estate to which that
individual or class would have succeeded passes as if that individual or
each member of that class had disclaimed his intestate share.
45-2-102. Share of the spouse.
The intestate share of the surviving spouse is determined as follows:
A. as to separate property:
(1) if there is no surviving issue of the decedent, the entire intestate
estate; or
(2) if there is surviving issue of the decedent, one-fourth of the intestate
estate; and
B. as to community property, the one-half of the community property as to
which the decedent could have exercised the power of testamentary
disposition passes to the surviving spouse.
45-2-103. Share of heirs other than surviving spouse.
Any part of the intestate estate not passing to the decedent's surviving
spouse pursuant to Section 45-2-102 NMSA 1978, or the entire intestate
estate if there is no surviving spouse, passes in the following order to the
individuals designated below who survive the decedent:
A. to the decedent's descendants by representation;
B. if there is no surviving descendant, to the
decedent's parents equally if both survive, or to the surviving parent;
C. if there is no surviving descendant or
parent, to the descendants of the decedent's parents or either of them by
representation; and
D. if there is no surviving descendant, parent
or descendant of a parent, but the decedent is survived by one or more
grandparents or descendants of grandparents, half of the estate passes to
the decedent's paternal grandparents equally if both survive, or to the
surviving paternal grandparent, or to the descendants of the decedent's
paternal grandparents or either of them if both are deceased, the
descendants taking by representation, and the other half passes to the
decedent's maternal relatives in the same manner; but if there is no
surviving grandparent or descendant of a grandparent on either the paternal
or the maternal side, the entire estate passes to the decedent's relatives
on the other side in the same manner as the half. |
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45-2-105. No taker.
If there is no taker under the provisions of Chapter 45, Article 2 NMSA
1978, the intestate estate passes to the state.
45-2-106. Representation.
A. As used in this section:
(1) "deceased descendant", "deceased parent" or "deceased grandparent" means
a descendant, parent or grandparent who either predeceased the decedent or
is deemed to have predeceased the decedent pursuant to Section 45-2-104 NMSA
1978; and
(2) "surviving descendant" means a descendant
who neither predeceased the decedent nor is deemed to have predeceased the
decedent pursuant to Section 45-2-104 NMSA 1978.
B. If, pursuant to Section 45-2-103 NMSA 1978, a decedent's intestate estate
or a part thereof passes "by representation" to the decedent's descendants,
the estate or part thereof is divided into as many equal shares as there
are:
(1) surviving descendants in the generation nearest to the decedent that
contains one or more surviving descendants; and
(2) deceased descendants in the same generation who left surviving
descendants, if any.
Each surviving descendant in the nearest
generation is allocated one share. The remaining shares, if any, are
combined and then divided in the same manner among the surviving descendants
of the deceased descendants as if the surviving descendants who were
allocated a share and their surviving descendants had predeceased the
decedent.
C. If, pursuant to Section 45-2-103 NMSA 1978, a decedent's intestate estate
or a part thereof passes "by representation" to the descendants of the
decedent's deceased parents or either of them or to the descendants of the
decedent's deceased paternal or maternal grandparents or either of them, the
estate or part thereof is divided into as many equal shares as there are:
(1) surviving descendants in the generation nearest the deceased parents or
either of them or the deceased grandparents or either of them that contains
one or more surviving descendants; and
(2) deceased descendants in the same generation who left surviving
descendants, if any.
Each surviving descendant in the nearest generation is allocated one share.
The remaining shares, if any, are combined and then divided in the same
manner among the surviving descendants of the deceased descendants as if the
surviving descendants who were allocated a share and their surviving
descendants had predeceased the decedent.
45-2-107. Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if
they were of the whole blood.
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