2023 Hawaii Revised Statutes
Title 30A. Uniform Probate Code
560. Uniform Probate Code
560:2-104 Requirement of survival by one hundred twenty hours; gestational period; pregnancy after decedent's death.

§560:2-104 Requirement of survival by one hundred twenty hours; gestational period; pregnancy after decedent's death. (a) In this section, "gestational period" means the time between the start of a pregnancy and birth.

(b) For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in subsection (c), the following rules shall apply:

(1) An individual born before a decedent's death who fails to survive the decedent by one hundred twenty hours shall be deemed to have predeceased the decedent. If it is not established by clear and convincing evidence that an individual born before a decedent's death survived the decedent by one hundred twenty hours, it shall be deemed that the individual failed to survive for the required period;

(2) An individual in gestation at the decedent's death shall be 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 in gestation at the decedent's death lived one hundred twenty hours after birth, it shall be deemed that the individual failed to survive for the required period; and

(3) If the decedent dies before the start of a pregnancy by assisted reproduction resulting in the birth of an individual who lives at least one hundred twenty hours after birth, that individual shall be deemed to be living at the decedent's death if the decedent's personal representative, no later than six months after the decedent's death, received notice or had actual knowledge of an intent to use genetic material in the assisted reproduction and:

(A) The embryo was in utero no later than thirty-six months after the decedent's death; or

(B) The individual was born no later than forty-five months after the decedent's death.

(c) This section shall not apply if its application would cause the estate to pass to the State under section 560:2-105. [L 1996, c 288, pt of §1; am L 2023, c 158, §11]