§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 survive the decedent:



(1)  To the decedent's descendants by representation;



(2)  If there is no surviving descendant, to the
decedent's parents equally if both survive, or to the surviving parent;
provided, however, if the decedent is a minor, and if it is shown by clear and
convincing evidence that any parent has:



(A)  Deserted the child without affording means
of identification for a period of at least ninety days;



(B)  Failed to communicate with the child when
able to do so for a period of at least one year when the child is in the
custody of another; or



(C)  Failed to provide for care and support of
the child when able to do so for a period of at least one year when the child
is in the custody of another despite a child support order requiring such
support;



such parent shall be deemed to have
predeceased the decedent;



(3)  If there is no surviving descendant or parent
entitled to inherit, to the descendants of the decedent's parents or either of
them by representation; and



(4)  If there is no surviving descendant, parent
entitled to take, or descendant of a parent, but the decedent is survived by
one or more grandparents or descendants of grandparents, half of the estate
passes to the decedent's paternal grandparents equally if both survive, or to
the surviving paternal grandparent, or to the descendants of the decedent's
paternal grandparents or either of them if both are deceased, the descendants
taking by representation; and the other half passes to the decedent's maternal
relatives in the same manner; but if there is no surviving grandparent or
descendant of a grandparent on either the paternal or the maternal side, the
entire estate passes to the decedent's relatives on the other side in the same
manner as the half. [L 1996, c 288, pt of §1; am L 1997, c 244, §15 and c 383,
§19]



 



Rules of Court



 



  Determination of heirs, see HPR rule 73.