2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 1 - INTESTATE SUCCESSION
Subpart 1 - General Provisions
Section 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.
History: 1953 Comp., § 32A-2-105, enacted by Laws 1975, ch. 257, § 2-105; 1993, ch. 174, § 8.
ANNOTATIONSCompiler's notes. — This section is similar to former 29-1-21, 1953 Comp.
Cross references. — For escheat proceeds as constituting part of school fund, see N.M. Const., art. XII, § 4.
The 1993 amendment, effective July 1, 1993, substituted "Chapter 45, Article 2 NMSA 1978" for "Sections 2-101 through 2-902 of the Uniform Probate Code".
Title passes automatically to state where escheat proceedings not required. — In absence of statutes requiring escheat proceedings, judicial or otherwise, passage of title by escheat to the state does not depend upon any affirmative action by the state, and passes automatically and immediately to the state upon the death of the person without heirs. Schmitz v. State Tax Comm'n, 1951-NMSC-048, 55 N.M. 320, 232 P.2d 986.
Due or delinquent taxes extinguished when title passed by escheat. — At the instant title passes by escheat to the state, any taxes then due or delinquent are abated and extinguished. Schmitz v. State Tax Comm'n, 1951-NMSC-048, 55 N.M. 320, 232 P.2d 986.
Proceeds from escheat to go to school fund. — The net proceeds of property that come to the state by escheat go into the current school fund. 1937 Op. Att'y Gen. No. 37-1795.
Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 27A Am. Jur. 2d Escheat §§ 1 et seq., 18, 24, 27.
Necessity of judicial proceeding to vest title to real property in state by escheat, 23 A.L.R. 1237, 79 A.L.R. 1364.
Necessity and sufficiency of notice to support title by escheat to decedent's estate, 48 A.L.R. 1342.
Constitutionality, construction and application of statutes relating to disposition of old bank deposits, 151 A.L.R. 836.
Inheritance from illegitimate, 48 A.L.R.2d 759.
Escheat of personal property of intestate domiciled or resident in another state, 50 A.L.R.2d 1375.
Uniform Disposition of Unclaimed Property Act, 98 A.L.R.2d 304.
30A C.J.S. Escheat §§ 3 to 7.
