72-2-114. Requirement that heir survive decedent for 120 hours. An individual who fails to survive the decedent by 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 it is not established by clear and convincing evidence that an individual who would otherwise be an heir survived the decedent by 120 hours, it is deemed that the individual failed to survive for the required period. This section is not to be applied if its application would result in a taking of intestate estate by the state under 72-2-115.
History: En. 91A-2-104 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-104; amd. Sec. 14, Ch. 494, L. 1993; Sec. 72-2-205, MCA 1991; redes. 72-2-114 by Code Commissioner, 1993; amd. Sec. 9, Ch. 313, L. 2019.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers
72-2-106. through 72-2-110 reserved
72-2-113. Share of heirs other than surviving spouse
72-2-114. Requirement that heir survive decedent for 120 hours
72-2-117. Kindred of half blood
72-2-122. Dower and curtesy abolished
72-2-123. Individuals related to decedent through two lines
72-2-124. Parent and child relationship
72-2-125. Parent barred from inheriting in certain circumstances