§ 33-1-13. Survivorship.
An individual who fails to survive the decedent by one hundred twenty (120) hours is considered 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 one hundred twenty (120) hours, it is considered that the individual failed to survive for the required period. This section is not to be applied if its application would result in escheat of intestate estate to the state.
History of Section.P.L. 2014, ch. 260, § 3; P.L. 2014, ch. 312, § 3.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-1 - Rules of Descent
Section 33-1-2. - Descent of real estate to paternal or maternal kindred.
Section 33-1-3. - Descent when no paternal or maternal kindred survive.
Section 33-1-4. - Descent to persons not in being or not capable to take as heirs.
Section 33-1-5. - Life estate descending to spouse.
Section 33-1-6. - Widow’s or husband’s allowance of real estate in fee.
Section 33-1-7. - Descendants of deceased heirs.
Section 33-1-8. - Children born out of wedlock.
Section 33-1-10. - Surplus personalty not bequeathed.
Section 33-1-11. - Advancements and debts of decedent.