§ PART 1 INTESTATE SUCCESSION SUBPART 1 General Provisions
§ 45-2-101 Intestate estate
§ 45-2-102 Share of the spouse
§ 45-2-103 Share of heirs other than surviving spouse
§ 45-2-104 Requirement of survival by one hundred twenty hours;
§ 45-2-105 No taker
§ 45-2-106 Representation
§ 45-2-107 Kindred of half blood
§ 45-2-109 Advancements
§ 45-2-110 Debts to decedent
§ 45-2-111 Alienage
§ 45-2-112 Dower and curtesy abolished
§ 45-2-113 Individuals related to decedent through two lines
§ 45-2-114 Parent barred from inheriting in certain circumstances
§ 45-2-115 Definitions
§ 45-2-116 Effect of parent-child relationship
§ 45-2-117 No distinction based on marital status
§ 45-2-118 Adoptee and adoptee’s adoptive parent or parents
§ 45-2-119 Adoptee and adoptee’s genetic parents
§ 45-2-120 Child conceived by assisted reproduction other than child born to gestational carrier
§ 45-2-121 Child born to gestational carrier
§ 45-2-122 Equitable adoption
§ 45-2-301 Entitlement of spouse; premarital will
§ 45-2-302 Omitted children
§ 45-2-401 Applicable law
§ 45-2-402 Family allowance
§ 45-2-403 Personal property allowance
§ 45-2-405 Source, determination and documentation
§ 45-2-406 Modification of exemptions
§ 45-2-407 Waiver of rights
§ 45-2-501 Who may make will
§ 45-2-502 Execution; witnessed wills
§ 45-2-504 Self-proved will
§ 45-2-505 Who may witness
§ 45-2-506 Choice of law as to execution
§ 45-2-507 Revocation by writing or by act
§ 45-2-508 Revocation by change of circumstances
§ 45-2-509 Revival of revoked will
§ 45-2-510 Incorporation by reference
§ 45-2-511 Testamentary additions to trust
§ 45-2-512 Events of independent significance
§ 45-2-513 Separate writing identifying devise of certain types of tangible personal property
§ 45-2-514 Contracts concerning succession
§ 45-2-515 Deposit of will with court in testator’s lifetime
§ 45-2-516 Duty of custodian of will; liability
§ 45-2-517 Penalty clause for contest
§ 45-2-601 Scope
§ 45-2-602 Will may pass all property and after-acquired property
§ 45-2-603 Antilapse; deceased devisee; class gifts
§ 45-2-604 Failure of testamentary provision
§ 45-2-605 Increase in securities; accessions
§ 45-2-606 Nonademption of specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent
§ 45-2-607 Nonexoneration
§ 45-2-608 Exercise of power of appointment
§ 45-2-609 Ademption by satisfaction
§ 45-2-701 Scope
§ 45-2-702 Requirement of survival by one hundred twenty hours
§ 45-2-703 Choice of law as to meaning and effect of governing instrument
§ 45-2-704 Power of appointment; compliance with specific reference requirement
§ 45-2-705 Class gifts construed to accord with intestate succession;
§ 45-2-706 Life insurance; retirement plan; account with pod designation; transfer-on-death registration; deceased beneficiary
§ 45-2-707 Survivorship with respect to future interests under terms of trust; substitute takers
§ 45-2-708 Class gifts to descendants, issue or heirs of the body;
§ 45-2-709 Representation; per capita at each generation; per stirpes
§ 45-2-710 Worthier-title doctrine abolished
§ 45-2-711 Future interests in heirs and like
§ 45-2-802 Effect of divorce, annulment and decree of separation
§ 45-2-803 Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance and beneficiary designations
§ 45-2-804 Revocation of probate and nonprobate transfers by divorce; no revocation by other changes of circumstances
§ 45-2-805 Reformation to correct mistakes
§ 45-2-806 Modification to achieve transferor’s tax objectives
§ 45-2-807 Death of spouse; community property
§ 45-2-808 Validity and effect of will executed by a wife prior to July
§ 45-2-901 Statutory rule against perpetuities
§ 45-2-902 Nonvested property interest or power of appointment created
§ 45-2-903 Reformation
§ 45-2-904 Exclusions
§ 45-2-905 Prospective application
§ 45-2-906 Supersession
§ 45-2-908 Definitions
§ 45-2-909 Interest in real property
§ 45-2-910 Lease to commence in the future
§ 45-2-911 Nonvested easement
§ 45-2-912 Possibility of reverter, right of entry, executory interest
§ 45-2-913 Exclusions
§ 45-2-914 Application
§ 45-2-1001 Definitions
§ 45-2-1002 International will; validity
§ 45-2-1003 International will; requirements
§ 45-2-1004 International will; other points of form
§ 45-2-1005 International will; certificate
§ 45-2-1006 International will; effect of certificate
§ 45-2-1007 International will; revocation
§ 45-2-1008 Source and construction
§ 45-2-1009 Persons authorized to act in relation to international will;
§ 45-2-1010 International will; information registration
§ 45-2-1101 Short title
§ 45-2-1102 Definitions
§ 45-2-1103 Scope
§ 45-2-1104 Uniform Disclaimer of Property Interests Act supplemented by other law
§ 45-2-1105 Power to disclaim; general requirements; when irrevocable
§ 45-2-1106 Disclaimer of interest in property
§ 45-2-1107 Disclaimer of rights of survivorship in jointly held property
§ 45-2-1108 Disclaimer of interest by trustee
§ 45-2-1109 Disclaimer of power of appointment or other power not held in fiduciary capacity
§ 45-2-1110 Disclaimer by appointee, object or taker in default of exercise of power of appointment
§ 45-2-1111 Disclaimer of power held in fiduciary capacity
§ 45-2-1112 Delivery or filing
§ 45-2-1113 When disclaimer barred or limited
§ 45-2-1114 Tax qualified disclaimer
§ 45-2-1115 Recording of disclaimer
§ 45-2-1116 Application to existing relationships

Terms Used In New Mexico Statutes > Chapter 45 > Article 2

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.