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.
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