§ §560:2-101 to 560:2-902 REPEALED. L 1996, c 288, pt of §6. ARTICLE II INTESTATE SUCCESSION AND WILLS PART 1. INTESTATE SUCCESSION Cross References Applies only to the estates of decedents dying after January 1, 1997; for other effect and transition provisions, see §560:8-201. §560:2-101 Intestate estate. (a) Any part of a decedent’s estate not […]
§560:2-102 Share of spouse or reciprocal beneficiary. The intestate share of a decedent’s surviving spouse or reciprocal beneficiary is: (1) The entire intestate estate if: (A) No descendant or parent of the decedent survives the decedent; or (B) All of the decedent’s surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and […]
§560:2-103 Share of heirs other than surviving spouse or reciprocal beneficiary. Any part of the intestate estate not passing to the decedent’s surviving spouse or reciprocal beneficiary under section 560:2-102, or the entire intestate estate if there is no surviving spouse or reciprocal beneficiary, passes in the following order to the individuals designated below who […]
§560:2-104 Requirement that heir survive decedent for one hundred twenty hours. An individual who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If it is not established by clear […]
§560:2-105 No taker. If there is no taker under the provisions of this article, the intestate estate passes to the State. [L 1996, c 288, pt of §1]
§560:2-105.5 Escheat of kuleana lands. Any provision of law to the contrary notwithstanding, if the owner of an inheritable interest in kuleana land dies intestate, or dies partially intestate and that partial intestacy includes the decedent’s interest in the kuleana land, and if there is no taker under article II, such inheritable interest shall pass […]
§560:2-106 Representation. (a) Definitions. In this section: “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 under section 560:2-104. “Surviving descendant” means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under […]
§560:2-107 Kindred of half blood. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. [L 1996, c 288, pt of §1]
§560:2-108 Afterborn heirs. An individual in gestation at a particular time is treated as living at that time if the individual lives one hundred twenty hours or more after birth. [L 1996, c 288, pt of §1]
§560:2-109 Advancements. (a) If an individual dies intestate as to all or a portion of the individual’s estate, property the decedent gave during the decedent’s lifetime to an individual who, at the decedent’s death, is an heir is treated as an advancement against the heir’s intestate share only if: (1) The decedent declared in a […]
§560:2-110 Debts to decedent. A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s descendants. [L 1996, c 288, pt of §1]
§560:2-111 Alienage. No individual is disqualified to take as an heir because the individual or an individual through whom the individual claims is or has been an alien. [L 1996, c 288, pt of §1]
§560:2-112 Dower and curtesy abolished. The estates of dower and curtesy are abolished. [L 1996, c 288, pt of §1]
§560:2-113 Individuals related to decedent through two lines. An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share. [L 1996, c 288, pt of §1]
§560:2-114 Parent and child relationship. (a) Except as provided in subsections (b) and (c), for purposes of intestate succession by, through, or from a person, an individual is the child of the child’s natural parents, regardless of their marital status. The parent and child relationship may be established under chapter 584. (b) An adopted individual […]
