An individual who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of intestate succession, and the decedent's heirs are determined accordingly. If the time of death of a decedent or of an individual who would otherwise be an heir, or the times of death of both, cannot be determined, and it is not established that the individual who would otherwise be an heir survived the decedent by one hundred twenty 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 section three-c of this article.
Structure West Virginia Code
Chapter 42. Descent and Distribution
§42-1-3a. Share of Heirs Other Than Surviving Spouse
§42-1-3b. Requirement That Heir Survive Decedent for One Hundred Twenty Hours
§42-1-3e. Kindred of Half Blood
§42-1-5. From Whom Children Born Out of Wedlock Inherit
§42-1-6. Legitimation by Marriage
§42-1-7. Issue Legitimate Though Marriage Null
§42-1-8. Posthumous Children to Take
§42-1-9. Establishment and Recordation of Descent
§42-1-10. Individuals Related to Decedent Through Two Lines
§42-1-11. When a Parent May Not Inherit From a Child
§42-1-12. When a Child May Inherit From a Parent Who Has Been Barred From Inheritance