2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 1 - INTESTATE SUCCESSION
Subpart 1 - General Provisions
Section 45-2-111 - Alienage.

A. No individual is disqualified to take as an heir because the individual or an individual through whom he claims is or has been an alien.

B. Aliens shall have full power and authority to acquire or hold real property and personal property by deed, will, inheritance or otherwise and to alienate, sell, assign and transfer any property to their heirs or other persons, whether the heirs or other persons are, or are not, citizens of the United States.

C. When an alien having title or interest in any real property dies, the real property shall descend and vest in the same manner as if the alien were a citizen of the United States. The heir of an alien, whether the heir is an alien or not, shall have the same rights and resources and shall, in all respects, be treated on the same footing as a native citizen of the United States with respect to the personal estate of an alien dying intestate, and all persons interested in the estate, under the laws of New Mexico, whether aliens or not.

History: 1953 Comp., § 32A-2-112, enacted by Laws 1975, ch. 257, § 2-112; 1977, ch. 121, § 4; repealed and reenacted by Laws 1993, ch. 174, § 13; 1995, ch. 210, § 4.

Official comments. — See Commissioners on Uniform State Laws official comment to 2-111 UPC.

Repeals and reenactments. — Laws 1993, ch. 174, § 13 repealed former 45-2-111 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-112, relating to debts to decedents, and enacted a new section, effective July 1, 1993.

Compiler's notes. — This section is similar to former 70-1-24, 1953 Comp.

The 1995 amendment, effective July 1, 1995, designated the former provision as Subsection A and added Subsections B and C.

Acquisition of interest in real estate by alien ineligible for citizenship. — New Mexico Const., art. II, § 22, is broad enough to prohibit the acquisition of any interest in real estate by an alien ineligible for citizenship, and no legislation enacted prior to 1921 can be construed as contemplated by the words "until otherwise provided by law." Code 1929, § 117-116 (70-1-24, 1953 Comp., repealed), enacted in 1871, is modified to that extent. 1930 Op. Att'y Gen. No. 30-01 (opinion rendered under former law).

Section suspends constitutional prohibition against alien ownership of realty. — Because this section was enacted subsequent to the 1921 amendment to N.M. Const., art. II, § 22, it operates to suspend the prohibition against ownership of real property in New Mexico by persons other than United States citizens. 1981 Op. Att'y Gen. No. 81-06.

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. — 3A Am. Jur. 2d Aliens and Citizens §§ 2005, 2019.

Disabilities and property rights of aliens as proper subjects of treaty regulations, 4 A.L.R. 1391, 17 A.L.R. 637, 134 A.L.R. 882.

Necessity of judicial proceedings to vest title to real property in state by escheat, 23 A.L.R. 1237, 79 A.L.R. 1364.

Escheat as affecting contract for sale or lease to alien, 79 A.L.R. 1366.

State regulation of land ownership by alien corporation, 21 A.L.R.4th 1329.

3 C.J.S. Aliens §§ 12, 21, 26.