[WSBAPT] Survivorship

[Lisa E Schuchman]

Hi, listmates,

I am probating a will that doesn't specify any survival time for simultaneous death of listed heirs.  One of the heirs died two weeks after the decedent.  Does this statute apply, so that five days is the survival requirement?

RCW 11.05A.020
Minimum survival requirement-Probate code.
Except as provided in RCW 11.05A.060 and except for the purposes of the uniform TOD security registration act, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead, or family allowance depends upon an individual's survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by one hundred twenty hours is deemed to have predeceased the other individual. This section does not apply if its application would result in a taking of intestate estate by the state.
[ 2007 c 475 § 8.]

Thanks.

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

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