28A-24-5. Victim deemed to survive slayer.
Notwithstanding any other provisions of this Article, solely for the purpose of determining whether the victim is entitled to any right or benefit that depends on surviving the death of a slayer under G.S. 31A-3, the slayer is deemed to have predeceased the victim and the victim is deemed to have survived the slayer by at least 120 hours (or any greater survival period required of the victim under the slayer's will or other governing instrument) unless it is established by clear and convincing evidence that the slayer survived the victim by at least 120 hours. (1947, c. 1016, s. 6; 1973, c. 1329, s. 3; 2007-132, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 28A - Administration of Decedents' Estates
Article 24 - 120-Hour Survivorship Requirement; Revised Simultaneous Death Act.
§ 28A-24-2 - Requirement of survival by 120 hours.
§ 28A-24-3 - Co-owners with right of survivorship; requirement of survival by 120 hours.
§ 28A-24-4 - Survival of an event; 120-hour period not applicable.
§ 28A-24-5 - Victim deemed to survive slayer.
§ 28A-24-6 - Exceptions to the 120-hour survival requirement.