New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills

Section 45-2-104 - Requirement of survival by one hundred twenty hours; individual in gestation. - A. For purposes of intestate succession and allowances, and except...

Section 45-2-105 - No taker. - If there is no taker under the provisions of Chapter...

Section 45-2-106 - Representation. - A. As used in this section: (1) "deceased descendant", "deceased...

Section 45-2-107 - Kindred of half blood. - Relatives of the half blood inherit the same share they...

Section 45-2-108 - Repealed. - History: 1953 Comp., § 32A-2-108, enacted by Laws 1975, ch....

Section 45-2-109 - Advancements. - A. If an individual dies intestate as to all or...

Section 45-2-110 - Debts to decedent. - A debt owed to a decedent is not charged against...

Section 45-2-111 - Alienage. - A. No individual is disqualified to take as an heir...

Section 45-2-112 - Dower and curtesy abolished. - The estates of dower and curtesy are abolished. History: 1953...

Section 45-2-113 - Individuals related to decedent through two lines. - An individual who is related to the decedent through two...

Section 45-2-114 - Parent barred from inheriting in certain circumstances. - A. A parent is barred from inheriting from or through...

Subpart 2 - Parent-Child Relationship

Section 45-2-115 - Definitions. - As used in Subpart 2 of Part 1 of Article...

Section 45-2-116 - Effect of parent-child relationship. - Except as otherwise provided in Subsections B through E of...

Section 45-2-117 - No distinction based on marital status. - Except as otherwise provided in Section 45-2-114, 45-2-119, 45-2-120 or...

Section 45-2-118 - Adoptee and adoptee's adoptive parent or parents. - A. A parent-child relationship exists between an adoptee and the...

Section 45-2-119 - Adoptee and adoptee's genetic parents. - A. Except as otherwise provided in Subsections B through E...

Section 45-2-120 - Child conceived by assisted reproduction other than child born to gestational carrier. - A. As used in this section: (1) "birth mother" means...

Section 45-2-121 - Child born to gestational carrier. - A. As used in this section: (1) "gestational agreement" means...

Section 45-2-122 - Equitable adoption. - Subpart 2 of Part 1 of Article 2 of the...

Part 3 - SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS

Section 45-2-301 - Entitlement of spouse; premarital will. - A. If a testator's surviving spouse married the testator after...

Section 45-2-302 - Omitted children. - A. Except as provided in Subsection B of this section,...

Part 4 - EXEMPT PROPERTY AND ALLOWANCES

Section 45-2-401 - Applicable law. - Chapter 45, Article 2, Part 4 NMSA 1978 applies to...

Section 45-2-402 - Family allowance. - A decedent's surviving spouse is entitled to a family allowance...

Section 45-2-403 - Personal property allowance. - In addition to the family allowance, the decedent's surviving spouse...

Section 45-2-405 - Source, determination and documentation. - If the estate is otherwise sufficient, property specifically devised may...

Section 45-2-406 - Modification of exemptions. - With respect to the estate of a decedent, the allowances...

Section 45-2-407 - Waiver of rights. - A. The rights of the surviving spouse to family allowance...

Part 5 - WILLS

Section 45-2-501 - Who may make will. - An individual eighteen or more years of age who is...

Section 45-2-502 - Execution; witnessed wills. - Except as provided in Sections 45-2-506 and 45-2-513 NMSA 1978,...

Section 45-2-504 - Self-proved will. - A. A will may be simultaneously executed, attested and made...

Section 45-2-505 - Who may witness. - A. An individual generally competent to be a witness may...

Section 45-2-506 - Choice of law as to execution. - A written will is valid if executed in compliance with...

Section 45-2-507 - Revocation by writing or by act. - A. A will or any part thereof is revoked: (1)...

Section 45-2-508 - Revocation by change of circumstances. - Except as provided in Sections 45-2-803 and 45-2-804 NMSA 1978,...

Section 45-2-509 - Revival of revoked will. - A. If a subsequent will that wholly revoked a previous...

Section 45-2-510 - Incorporation by reference. - A writing in existence when a will is executed may...

Section 45-2-511 - Testamentary additions to trust. - A. A will may validly devise property to the trustee...

Section 45-2-512 - Events of independent significance. - A will may dispose of property by reference to acts...

Section 45-2-513 - Separate writing identifying devise of certain types of tangible personal property. - A will may refer to a written statement or list...

Section 45-2-514 - Contracts concerning succession. - A. A contract to make a will or devise or...

Section 45-2-515 - Deposit of will with court in testator's lifetime. - A will may be deposited by the testator or his...

Section 45-2-516 - Duty of custodian of will; liability. - A. Any person having custody of a will shall, as...

Section 45-2-517 - Penalty clause for contest. - A provision in a governing instrument purporting to penalize an...

Part 6 - RULES OF CONSTRUCTION FOR WILLS

Section 45-2-601 - Scope. - In the absence of a finding of a contrary intention,...

Section 45-2-602 - Will may pass all property and after-acquired property. - A will may provide for the passage of all property...

Section 45-2-603 - Antilapse; deceased devisee; class gifts. - A. As used in this section: (1) "alternative devise" means...

Section 45-2-604 - Failure of testamentary provision. - A. Except as provided in Section 45-2-603 NMSA 1978, a...

Section 45-2-605 - Increase in securities; accessions. - A. If a testator executes a will that devises securities...

Section 45-2-606 - Nonademption of specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent. - A. A specific devisee has a right to specifically devised...

Section 45-2-607 - Nonexoneration. - A specific devise passes subject to any mortgage interest existing...

Section 45-2-608 - Exercise of power of appointment. - In the absence of a requirement that a power of...

Section 45-2-609 - Ademption by satisfaction. - A. Property a testator gave in his lifetime to a...

Section 45-2-610 to 45-2-612 - Repealed. - Repeals. — Laws 1993, ch. 174, § 84 repealed 45-2-610...

Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS

Section 45-2-701 - Scope. - In the absence of a finding of a contrary intention,...

Section 45-2-702 - Requirement of survival by one hundred twenty hours. - A. For the purposes of the Uniform Probate Code, except...

Section 45-2-703 - Choice of law as to meaning and effect of governing instrument. - The meaning and legal effect of a governing instrument is...

Section 45-2-704 - Power of appointment; compliance with specific reference requirement. - A powerholder's substantial compliance with a formal requirement of appointment...

Section 45-2-705 - Class gifts construed to accord with intestate succession; exceptions. - A. As used in this section: (1) "adoptee" has the...

Section 45-2-706 - Life insurance; retirement plan; account with pod designation; transfer-on-death registration; deceased beneficiary. - A. As used in this section: (1) "alternative beneficiary designation"...

Section 45-2-707 - Survivorship with respect to future interests under terms of trust; substitute takers. - A. As used in this section: (1) "alternative future interest"...

Section 45-2-708 - Class gifts to descendants, issue or heirs of the body; form of distribution if none specified. - If a class gift in favor of "descendants", "issue" or...

Section 45-2-709 - Representation; per capita at each generation; per stirpes. - A. As used in this section: (1) "deceased child" or...

Section 45-2-710 - Worthier-title doctrine abolished. - The doctrine of worthier title is abolished as a rule...

Section 45-2-711 - Future interests in heirs and like. - If an applicable statute or a governing instrument calls for...

Part 8 - GENERAL PROVISIONS

Section 45-2-801 - Repealed. - Repeals. — Laws 2001, ch. 290, § 18, repealed 45-2-801...

Section 45-2-802 - Effect of divorce, annulment and decree of separation. - A. An individual who is divorced from the decedent or...

Section 45-2-803 - Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance and beneficiary designations. - A. As used in this section: (1) "disposition or appointment...

Section 45-2-804 - Revocation of probate and nonprobate transfers by divorce; no revocation by other changes of circumstances. - A. As used in this section: (1) "disposition or appointment...

Section 45-2-805 - Reformation to correct mistakes. - The district court may reform the terms of a governing...

Section 45-2-806 - Modification to achieve transferor's tax objectives. - To achieve the transferor's tax objectives, the district court may...

Section 45-2-807 - Death of spouse; community property. - A. Upon the death of either spouse, one-half of the...

Section 45-2-808 - Validity and effect of will executed by a wife prior to July 1, 1973. - If a wife has executed a will prior to July...

Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY

Subpart 1 - Uniform Statutory Rule Against Perpetuities

Section 45-2-901 - Statutory rule against perpetuities. - A. A nonvested property interest is invalid unless: (1) when...

Section 45-2-902 - Nonvested property interest or power of appointment created. - A. Except as provided in Subsections B and C of...

Section 45-2-903 - Reformation. - Upon the petition of an interested person, a court shall...

Section 45-2-904 - Exclusions. - A. Section 45-2-901 NMSA 1978 does not apply to: (1)...

Section 45-2-905 - Prospective application. - A. Except as extended by Subsection B of this section,...

Section 45-2-906 - Supersession. - Sections 45-2-901 through 45-2-905 NMSA 1978 supersede the rule of...

Subpart 2 - Honorary Trusts; Trusts ForPets

Section 45-2-907 - Repealed. - History: 1978 Comp., § 45-2-907, enacted by Laws 1995, ch....

Subpart 3 - Time Limits On Options In GrossAnd Certain Other Interests In Real Property

Section 45-2-908 - Definitions. - As used in Sections 45-2-909 through 45-2-914 NMSA 1978: A....

Section 45-2-909 - Interest in real property. - An option in gross with respect to an interest in...

Section 45-2-910 - Lease to commence in the future. - A lease of real property to commence at a time...

Section 45-2-911 - Nonvested easement. - A nonvested easement in gross becomes invalid if it does...

Section 45-2-912 - Possibility of reverter, right of entry, executory interest. - A possibility of reverter preceded by a fee simple determinable,...

Section 45-2-913 - Exclusions. - A. Section 45-2-912 NMSA 1978 does not apply to a...

Section 45-2-914 - Application. - Sections 45-2-908 through 45-2-913 NMSA 1978 apply only to a...

Part 10 - INTERNATIONAL WILLS

Section 45-2-1001 - Definitions. - As used in Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001...

Section 45-2-1002 - International will; validity. - A. A will is valid as regards form, irrespective particularly...

Section 45-2-1003 - International will; requirements. - A. The will must be made in writing. It need...

Section 45-2-1004 - International will; other points of form. - A. The signatures shall be placed at the end of...

Section 45-2-1005 - International will; certificate. - The authorized person shall attach to the will a certificate...

Section 45-2-1006 - International will; effect of certificate. - In the absence of evidence to the contrary, the certificate...

Section 45-2-1007 - International will; revocation. - An international will is subject to the ordinary rules of...

Section 45-2-1008 - Source and construction. - Sections 45-2-1101 through 45-2-1107 NMSA 1978 [45-2-1001 to 45-2-1007 NMSA...

Section 45-2-1009 - Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency. - Individuals who have been admitted to practice law before the...

Section 45-2-1010 - International will; information registration. - The secretary of state shall establish a registry system by...

Part 11 - PROPERTY INTERESTS

Section 45-2-1101 - Short title. - Chapter 45, Article 2, Part 11 NMSA 1978 [45-2-1101 to...

Section 45-2-1102 - Definitions. - As used in the Uniform Disclaimer of Property Interests Act:...

Section 45-2-1103 - Scope. - The Uniform Disclaimer of Property Interests Act applies to disclaimers...

Section 45-2-1104 - Uniform Disclaimer of Property Interests Act supplemented by other law. - A. Unless displaced by a provision of the Uniform Disclaimer...

Section 45-2-1105 - Power to disclaim; general requirements; when irrevocable. - A. A person may disclaim, in whole or part, any...

Section 45-2-1106 - Disclaimer of interest in property. - A. As used in this section: (1) "future interest" means...

Section 45-2-1107 - Disclaimer of rights of survivorship in jointly held property. - A. Upon the death of a holder of jointly held...

Section 45-2-1108 - Disclaimer of interest by trustee. - If a trustee disclaims an interest in property that otherwise...

Section 45-2-1109 - Disclaimer of power of appointment or other power not held in fiduciary capacity. - If a holder disclaims a power of appointment or other...

Section 45-2-1110 - Disclaimer by appointee, object or taker in default of exercise of power of appointment. - A. A disclaimer of an interest in property by an...

Section 45-2-1111 - Disclaimer of power held in fiduciary capacity. - A. If a fiduciary disclaims a power held in a...

Section 45-2-1112 - Delivery or filing. - A. As used in this section, "beneficiary designation" means an...

Section 45-2-1113 - When disclaimer barred or limited. - A. A disclaimer is barred by a written waiver of...

Section 45-2-1114 - Tax qualified disclaimer. - Notwithstanding any other provision of the Uniform Disclaimer of Property...

Section 45-2-1115 - Recording of disclaimer. - If an instrument transferring an interest in or power over...

Section 45-2-1116 - Application to existing relationships. - Except as otherwise provided in Section 13 [45-2-1113 NMSA 1978]...

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New Mexico Statutes Chapter 45 - Uniform Probate Code Article 2 - Intestate Succession and Wills

New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills