Section 6403 Of Chapter 1. Intestate Succession Generally From California Probate Code >> Division 6. >> Part 2. >> Chapter 1.
6403
. (a) A person who fails to survive the decedent by 120 hours
is deemed to have predeceased the decedent for the purpose of
intestate succession, and the heirs are determined accordingly. If it
cannot be established by clear and convincing evidence that a person
who would otherwise be an heir 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.
(b) This section does not apply to the case where any of the
persons upon whose time of death the disposition of property depends
died before January 1, 1990, and such case continues to be governed
by the law applicable before January 1, 1990.