75-2-104. Requirement that heir survive decedent for 120 hours.
An individual who fails to survive the decedent by 120 hours is considered to have
predeceased the decedent for purposes of homestead allowance, exempt property, and intestate
succession, and the decedent's heirs are determined accordingly. If it is not established by clear
and convincing evidence that an individual who would otherwise be an heir survived the decedent
by 120 hours, it is considered that the individual failed to survive for the required period. This
section is not to be applied if its application would result in a taking of intestate estate by the state
under Section 75-2-105.
Repealed and Re-enacted by Chapter 39, 1998 General Session
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Last revised: Thursday, May 28, 2009