15-2-104. REQUIREMENT THAT HEIR SURVIVE DECEDENT FOR 120 HOURS. Any person who fails to survive the decedent by one hundred twenty (120) hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by one hundred twenty (120) hours, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under section 15-2-105 of this Part.
History:
[I.C., sec. 15-2-104, as added by 1971, ch. 111, sec. 1, p. 233.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 2 - INTESTATE SUCCESSION — WILLS
Section 15-2-101 - INTESTATE ESTATE.
Section 15-2-102 - SHARE OF THE SPOUSE.
Section 15-2-103 - SHARE OF HEIRS OTHER THAN SURVIVING SPOUSE.
Section 15-2-104 - REQUIREMENT THAT HEIR SURVIVE DECEDENT FOR 120 HOURS.
Section 15-2-106 - REPRESENTATION.
Section 15-2-107 - KINDRED OF HALF BLOOD.
Section 15-2-108 - AFTERBORN HEIRS.
Section 15-2-109 - MEANING OF CHILD AND RELATED TERMS.
Section 15-2-110 - ADVANCEMENTS.
Section 15-2-111 - DEBTS TO DECEDENT.
Section 15-2-114 - PERSONS RELATED TO DECEDENT THROUGH TWO LINES.