Texas Estates Code 121.053 – Intestate Succession: Failure to Survive Presumed Under Certain Circumstances
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Terms Used In Texas Estates Code 121.053
- Decedent: A deceased person.
- Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
A person who, if the person survived a decedent by 120 hours, would be the decedent’s heir is considered not to have survived the decedent for the required period if:
(1) the time of death of the decedent or of the person, or the times of death of both, cannot be determined; and
(2) the person’s survival for the required period after the decedent’s death cannot be established.