Utah § 75-2-104 - Requirement of survival by 120 hours -- Individual in gestation.

Full text of Utah Utah Code § 75-2-104 — Requirement of survival by 120 hours -- Individual in gestation., with citation guidance and answers to common questions.

§ 75-2-104. Requirement of survival by 120 hours -- Individual in gestation.

75-2-104.  Requirement of survival by 120 hours -- Individual in gestation.
(1) For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in Subsection (2), the following rules apply:
(a) An individual born before a decedent's death who fails to survive the decedent by 120 hours is considered to have predeceased the decedent. If it is not established by clear and convincing evidence that an individual born before the decedent's death survived the decedent by 120 hours, it is considered that the individual failed to survive for the required period.
(b) An individual in gestation at a decedent's death is considered to be living at the decedent's death if the individual lives 120 hours after birth. If it is not established by clear and convincing evidence that an individual in gestation at the decedent's death lived 120 hours after birth, it is considered that the individual failed to survive for the required period.
(2) This section does not apply if its application would cause the estate to pass to the state under Section 75-2-105.


Amended by Chapter 93, 2010 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 75-2-104

What does Utah Code § 75-2-104 cover?

Section 75-2-104 ("Requirement of survival by 120 hours -- Individual in gestation.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 75-2-104?

A common citation format is "Utah Code § 75-2-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 75-2-104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

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