Utah Code

Utah Code § 75-2-104 (2026)

Requirement of survival by 120 hours -- Individual in gestation

✓ current as of May 2026

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For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in Subsection (2), the following rules apply:

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.

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.

This section does not apply if its application would cause the estate to pass to the state under Section 75-2-105.

Notes of Decisions

Cited in 2 cases, 2013–2017 · leading case: Outfront Media, LLC v. Salt Lake City Corp., 2017 UT 74 (Utah 2017).

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Outfront Media, LLC v. Salt Lake City Corp., 2017 UT 74 (Utah 2017). · cites it 2× “The fact that the legislature has mandated that the City pay compensation for some relocation denials does not transform the City's action into one "requir[ing] termination" of the billboard. Consider , Oxford English Dictionary Online (June 2017), http://www.”

Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “§ 31-2-108 (2007); Utah Code Ann. § 75-2-104 (l)(b) (2010); Vt.”

— Utah Code § 75-2-104(1)(a) — 1 case

Outfront Media, LLC v. Salt Lake City Corp., 2017 UT 74 (Utah 2017). “The fact that the legislature has mandated that the City pay compensation for some relocation denials does not transform the City's action into one "requir[ing] termination" of the billboard. Consider , Oxford English Dictionary Online (June 2017), http://www.”

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