2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Subpart 1 - General Provisions
Section 45-2-101 - Intestate estate.

Universal Citation: NM Stat § 45-2-101 (2021)

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, 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.

History: 1953 Comp., § 32A-2-101, enacted by Laws 1975, ch. 257, § 2-101; repealed and reenacted by Laws 1993, ch. 174, § 5.


Official comments.See Commissioners on Uniform State Laws official comment to 2-101 UPC.

Repeals and reenactments. — Laws 1993, ch. 174, § 5 repealed former 45-2-101 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-101, and enacted a new section, effective July 1, 1993.

Cross references. — For unavailable wills, see 45-3-402B NMSA 1978.

For late offered will, see 45-3-410, 45-3-412A NMSA 1978.

For final orders conclusive in formal testacy proceedings, see 45-3-410, 45-3-412 NMSA 1978.

For partial intestacy, see 45-3-411 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Descent and Distribution §§ 1, 59; 79 Am. Jur. 2d Wills § 2.

Eligibility of illegitimate child for survivor's benefits under Social Security Act, pursuant to § 216(h)(2)(A) of act (42 USCS § 416(h)(2)(A)), where state intestacy law denying inheritance right, or application of that state law to § 216(h)(2)(A), may violate child's right to equal protection of laws, 116 A.L.R. Fed. 121.

Constitutionality of statute repealing, modifying or changing course of descent and distribution of property, 103 A.L.R. 223.

Family settlement of intestate estate, 29 A.L.R.3d 174.

Right to probate subsequently discovered will as affected by completed prior proceedings in intestate administration, 2 A.L.R.4th 1315.

95 C.J.S. Wills § 615.

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