Section 560:2-106 - Representation(a) Definitions. In this section: "Deceased descendant", "deceased parent", "deceased grandparent", "deceased spouse", or "deceased reciprocal beneficiary" means a descendant, parent, grandparent, spouse, or reciprocal beneficiary who either predeceased the decedent or is deemed to have predeceased the decedent under section 560:2-104.
"Surviving descendant" means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under section 560:2-104.
(b) Decedent's descendants. If, under section 560:2-103(c), all or part of a decedent's intestate estate passes "by representation" to the decedent's descendants, the estate or part thereof shall be divided into as many equal shares as there are: (1) Surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants; and(2) Deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation shall be allocated one share. The remaining shares, if any, shall be combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
(c) Descendants of parent when parent survives. If a decedent is survived by one or more parents and, under section 560:2-103(d) and (e), the balance of the decedent's intestate estate or part thereof passes by representation to the surviving descendants of one or more of the decedent's deceased parents, the balance shall pass to those descendants as if they were the decedent's surviving descendants under subsection (b).(d) Descendants of parent when no parent survives. If a decedent is not survived by a parent and, under section 560:2-103(f), the decedent's intestate estate passes by representation to the surviving descendants of one or more of the decedent's deceased parents, the intestate estate shall pass to those descendants as if they were the decedent's surviving descendants under subsection (b).(e) Descendants of grandparent when grandparent survives. If a decedent is survived by one or more grandparents and, under section 560:2-103(g) and (h), the balance of the decedent's intestate estate passes by representation to the surviving descendants of one or more of the decedent's deceased grandparents, the balance shall pass to those descendants as if they were the decedent's surviving descendants under subsection (b).(f) Descendants of grandparent when no grandparent survives. If a decedent is not survived by a grandparent and, under section 560:2-103(i), the decedent's intestate estate passes by representation to the surviving descendants of one or more of the decedent's deceased grandparents, the intestate estate shall pass to those descendants as if they were the decedent's surviving descendants under subsection (b).(g) Descendants of deceased spouse or reciprocal beneficiary. If a decedent is survived by descendants of one or more deceased spouses or reciprocal beneficiaries and, under section 560:2-103(j), the decedent's intestate estate passes by representation to the surviving descendants of one or more of the decedent's deceased spouses or reciprocal beneficiaries, the intestate estate shall pass to those descendants as if they were the decedent's surviving descendants under subsection (b).Amended by L 2023, c 158,§ 12, eff. 6/29/2023.