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Current as of January 01, 2023 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - California Code, Probate Code - PROB § 6211 - last updated January 01, 2023 | https://codes.findlaw.com/ca/probate-code/prob-sect-6211/
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