New Mexico Statutes

§ 45-2-109 — Advancements

New Mexico § 45-2-109
JurisdictionNew Mexico
Ch. 45Uniform Probate Code
Art. 2Intestate Succession and Wills

This text of New Mexico § 45-2-109 (Advancements) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
N.M. Stat. Ann. § 45-2-109 (2026).

Text

A. If an individual dies intestate as to all or a portion of his 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 contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or (2) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate. B. For purpose of Subsection A of this section, property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's deat

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Legislative History

1953 Comp., § 32A-2-109, enacted by Laws 1975, ch. 257, § 2-109; 1976

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Bluebook (online)
New Mexico § 45-2-109, Counsel Stack Legal Research, https://law.counselstack.com/statute/nm/45/45-2-109.