Statute · California Probate Code

Cal. Prob. Code § 6211 — Definitions and Rules of Construction

Cal. Prob. Code § 6211

Type
Statute
Source
California Probate Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

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…

Citator

Cal. Prob. Code § 6211 — Definitions and Rules of Construction is in force in the current edition of the Code, and nothing recorded condemns it.

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.