Code Section

Probate Code - PROB

DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806]

  ( Division 6 enacted by Stats. 1990, Ch. 79. )
  

PART 1. WILLS [6100 - 6390]

  ( Part 1 enacted by Stats. 1990, Ch. 79. )
  

CHAPTER 6. California Statutory Will [6200 - 6243]

  ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. )
  

ARTICLE 1. Definitions and Rules of Construction [6200 - 6211]
  ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. )

  
6211.  

Reference to a person “if living” or who “survives me” means a person who survives the decedent by 120 hours. A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of a California statutory will, and the beneficiaries are determined accordingly. If it cannot be established by clear and convincing evidence that a person who would otherwise be a beneficiary has survived the decedent by 120 hours, it is deemed that the person failed to survive for the required period. The requirement of this section that a person who survives the decedent must survive the decedent by 120 hours does not apply if the application of the 120-hour survival requirement would result in the escheat of property to the state.

(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)