TITLE 33
Probate practice and procedure

CHAPTER 33-1
Rules of Descent

SECTION 33-1-13


§ 33-1-13 Survivorship.

An individual who fails to survive the decedent by one hundred twenty (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 one hundred twenty (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 escheat of intestate estate to the state.

History of Section.
(P.L. 2014, ch. 260, § 3; P.L. 2014, ch. 312, § 3.)