§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:
(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:
(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:
(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:
(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. [L 1996, c 288, pt of §1; am L 1997, c 244, §15 and c 383, §19; am L 2023, c 158, §10]