Failure to survive decedent by 120 hours deemed predecease of decedent
If someone dies within 120 hours (5 days) after another person dies, the law treats them as if they died first. This affects who gets the deceased person's belongings and property. If it's unclear who died first, the law assumes the person did not survive the full 120 hours. This rule does not apply if using it would mean the state gets the property instead of any family member.
474.015. Failure to survive by 120 hours of decedent — consequences. — 1. Any person who fails to survive the decedent by one hundred twenty hours is deemed to have the decedent for purposes of , , and , and the decedent's are determined accordingly. If the time of death of the decedent, or of the person who would otherwise be an , 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 hours, it is deemed that the person failed to survive for the required period.
2. This section is not to be applied where its would result in a taking of by the state under section 474.010.
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Source & history notes
(L. 1980 S.B. 637, A.L. 1981 S.B. 117) Effective 6-10-81
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.