(1) For purposes of intestate succession and exempt property, and except as otherwise provided in paragraph (b) of this subsection (1), the following rules apply:
An individual born before a decedent's death who fails to survive the decedent by onehundred twenty hours is deemed to have predeceased the decedent. If it is not established by clear and convincing evidence that an individual born before the decedent's death survived the decedent by one hundred twenty hours, it is deemed that the individual failed to survive for the required period.
An individual in gestation at a decedent's death is deemed to be living at the decedent's death if the individual lives one hundred twenty hours after birth. If it is not established by clear and convincing evidence that an individual in gestation at the decedent's death lived one hundred twenty hours after birth, it is deemed that the individual failed to survive for the required period.
(2) This section is not to be applied if its application would result in a taking of intestate estate by the state under section 15-11-105.
Source: L. 94: Entire part R&RE, p. 978, § 3, effective July 1, 1995. L. 2009: Entire section amended, (HB 09-1287), ch. 310, p. 1673, § 5, effective July 1, 2010.
Editor's note: This section is similar to former § 15-11-104 as it existed prior to 1995.
Cross references: For requirement that a devisee survive a testator by one hundred twenty hours, see § 15-11-702. For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.