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California · Through 2026-09-13

PROB § 6211

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Where this section sits in the code
  1. Probate Code - PROB
  2. DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100. - 6806.]
  3. PART 1. WILLS [6100. - 6390.]
  4. CHAPTER 6. California Statutory Will [6200. - 6243.]
  5. ARTICLE 1. Definitions and Rules of Construction [6200. - 6211.]

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.

Collected 2026-09-14T05:56:33Z. Source file · JSON

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