Section 6211 Of Article 1. Definitions And Rules Of Construction From California Probate Code >> Division 6. >> Part 1. >> Chapter 6. >> Article 1.
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.