Requirement of survival by 120 hours under probate laws.
Except as provided in section 19-506, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead or family allowance depends upon an individual’s survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by 120 hours is deemed to have predeceased the other individual. This section does not apply if its application would result in a taking of intestate estate by the District of Columbia. Uniform Law: This section is based upon § 2 of the Uniform Simultaneous Death Act (1993 Act). This section was previously enacted by section 1 of Public Law 89-183, 79 Stat. 700, but repealed by implication by D.C. Law 13-292.
Annotations
Apr. 27, 2001, D.C. Law 13-292, § 202, 48 DCR 2087 1973 Ed., § 19-502. 1981 Ed., § 19-502. This section is referenced in § 19-604.13.
Sourced from the DC Council Open Law Library (public domain).
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