§ 28A-24-2. Requirement of survival by 120 hours. - North Carolina Statutes

§ 28A‑24‑2. Requirement of survival by 120 hours.

(a)        Except as otherwiseprovided in this Article, where the title to property, the devolution ofproperty, the right to elect an interest in property, or any other right orbenefit depends upon an individual's survivorship of the death of anotherindividual, an individual who is not established by clear and convincingevidence to have survived the other individual by at least 120 hours is deemedto have predeceased the other individual.

(b)        If the language ofthe governing instrument disposes of property in such a way that two or morebeneficiaries are designated to take alternatively by reason of surviving eachother and it is not established by clear and convincing evidence that any suchbeneficiary has survived any other such beneficiary by at least 120 hours, theproperty shall be divided into as many equal shares as there are alternativebeneficiaries, and these shares shall be distributed respectively to each suchbeneficiary's estate.

(c)        If the language ofthe governing instrument disposes of property in such a way that it is to bedistributed to the member or members of a class who survived an individual,each member of the class will be deemed to have survived that individual by atleast 120 hours unless it is established by clear and convincing evidence thatthe individual survived the class member or members by at least 120 hours. (1947, c. 1016, s. 2; 1973,c. 1329, s. 3; 2007‑132, s. 1.)