§ 30.1-04-04 — (2-104) Requirement that heir survive decedent for one hundred twenty hours - Individual in gestation

hours - Individual in gestation.
1. For purposes of intestate succession, homestead allowance, and exempt property, and
except as otherwise provided in subsection 2:
a. An individual who was born before a decedent's death but who fails to survive the
decedent by one hundred twenty hours is deemed to have predeceased the
decedent. If it is not established by clear and convincing evidence that an
individual who was born before the decedent's death survived the decedent by
one hundred twenty hours, it is deemed that the individual failed to survive for the
required period.
b. An individual who was in gestation at a decedent's death is deemed to be living at
the decedent's death if the individual lives one hundred twenty hours after birth. If
it is not established by clear and convincing evidence that an individual who was
in gestation at the decedent's death lived one hundred twenty hours after birth, it
is deemed that the individual failed to survive for the required period.
2. This section does not apply if it would result in a taking of the intestate estate by the
state under section 30.1-04-05.