75-2-104 - Requirement of survival by 120 hours -- Individual in gestation. - Utah Statutes

75-2-104. Requirement of survival by 120 hours -- Individual in gestation.
(1) For purposes of intestate succession, homestead allowance, and exempt property, andexcept as otherwise provided in Subsection (2), the following rules apply:
(a) An individual born before a decedent's death who fails to survive the decedent by 120hours is considered to have predeceased the decedent. If it is not established by clear andconvincing evidence that an individual born before the decedent's death survived the decedent by120 hours, it is considered that the individual failed to survive for the required period.
(b) An individual in gestation at a decedent's death is considered to be living at thedecedent's death if the individual lives 120 hours after birth. If it is not established by clear andconvincing evidence that an individual in gestation at the decedent's death lived 120 hours afterbirth, it is considered that the individual failed to survive for the required period.
(2) This section does not apply if its application would cause the estate to pass to thestate under Section 75-2-105.

Amended by Chapter 93, 2010 General Session