Section 560:2-103 - Share of heirs other than surviving spouse or reciprocal beneficiary(a) Definitions. In this section: "Deceased parent", "deceased grandparent", or "deceased spouse" means a parent, grandparent, or spouse, as applicable, who either predeceased the decedent or is deemed under this article to have predeceased the decedent.
"Surviving parent", "surviving grandparent", "surviving spouse", "surviving reciprocal beneficiary", or "surviving descendant" means a parent, grandparent, spouse, reciprocal beneficiary, or descendant who neither predeceased the decedent nor is deemed under this article to have predeceased the decedent.
(b) 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 shall pass to the decedent's descendants or parents as provided in subsections (c) and (d). If there is no surviving spouse or reciprocal beneficiary, the entire interest estate shall pass to the decedent's descendants, parents, or other heirs as provided in subsections (c) through (j). (c) Surviving descendant. If a decedent is survived by one or more descendants, any part of the intestate estate not passed to the surviving spouse or reciprocal beneficiary shall pass by representation to the decedent's surviving descendants.(d) Surviving parent. If a decedent is not survived by a descendant but is survived by one or more parents, any part of the intestate share not passing to the surviving spouse or reciprocal beneficiary shall be distributed as follows:(1) The intestate estate or part thereof shall be divided into as many equal shares as there are: (A) Surviving parents; and(B) Deceased parents with one or more surviving descendants, if any, as determined under subsection (e);(2) One share shall pass to each surviving parent; provided that if the decedent is a minor, and if it is shown by clear and convincing evidence that any parent has: (A) Deserted the minor without affording means of identification for a period of at least ninety days;(B) Failed to communicate with the minor when able to do so for a period of at least one year when the minor is in the custody of another; or(C) Failed to provide for care and support of the minor when able to do so for a period of at least one year when the minor is in the custody of another, despite an order requiring child support, the parent shall be deemed to have predeceased the decedent; and
(3) The balance of the intestate estate or part thereof, if any, shall pass by representation to the surviving descendants of the decedent's deceased parents, as determined under subsection (e).(e) When a parent survives: computation of shares of surviving descendants of a deceased parent. The following rules shall apply under subsection (d) to determine whether a deceased parent of the decedent is treated as having a surviving descendant: (1) If all the surviving descendants of one or more deceased parents are also descendants of one or more surviving parents, those descendants shall be deemed to have predeceased the decedent; and(2) If two or more deceased parents have the same surviving descendants and none of those deceased parents has any other surviving descendants, those deceased parents shall be deemed to be one deceased parent with surviving descendants.(f) Surviving descendant of deceased parent. If a decedent is not survived by a descendant or parent but is survived by one or more descendants of a deceased parent, the intestate estate shall pass by representation to the surviving descendants of the decedent's deceased parents.(g) Surviving grandparents. If a decedent is not survived by a descendant, parent, or descendant of a parent but is survived by one or more grandparents, the intestate estate shall be distributed as follows: (1) The intestate estate shall be divided into as many equal shares as there are:(A) Surviving grandparents; and(B) Deceased grandparents with one or more surviving descendants, if any, as determined under subsection (h);(2) One share shall pass to each surviving grandparent; and(3) The balance of the intestate estate, if any, shall pass by representation to the surviving descendants of the decedent's deceased grandparents, as determined under subsection (h).(h) When a grandparent survives: computation of shares of surviving descendants of a deceased grandparent. The following rules shall apply under subsection (g) to determine whether a deceased grandparent of the decedent is treated as having a surviving descendant: (1) If all of the surviving descendants of one or more deceased grandparents are also descendants of one or more surviving grandparents, those descendants shall be deemed to have predeceased the decedent; and(2) If two or more deceased grandparents have the same surviving descendants and none of those deceased grandparents has any other surviving descendant, those deceased grandparents shall be deemed to be one deceased grandparent with surviving descendants.(i) Surviving descendant of deceased grandparent. If a decedent is not survived by a descendant, parent, descendant of a parent, or grandparent but is survived by one or more descendants of a grandparent, the intestate estate shall pass by representation to the surviving descendants of the decedent's deceased grandparents.(j) Surviving descendants of deceased spouse or reciprocal beneficiary. If a decedent is not survived by a descendant, parent, descendant of a parent, grandparent, or descendant of a grandparent but is survived by one or more descendants of a deceased spouse or reciprocal beneficiary, the intestate estate shall pass by representation to the surviving descendants of the decedent's deceased spouses or reciprocal beneficiaries.Amended by L 2023, c 158,§ 10, eff. 6/29/2023.L 1996, c 288, pt of §1; am L 1997, c 244, §15 and c 383, §19Rules of Court
Determination of heirs, see HPR rule 73.