{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2201.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2201.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2201.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2201.html"}],"law_id":70440,"edition_id":1,"section_id":70440,"structure_id":13990,"section_number":"64.2-2201","catch_line":"Requirement of survival by 120 hours for statutory rights","history":"1994, c. 475, \u00a7 64.1-104.2; 2012, c. 614.","full_text":"Except as provided in \u00a7 64.2-2205, if the (i) title to property, (ii) devolution of property, or (iii) right to elect an interest in property, an augmented estate share or exempt property, or homestead or family allowance depends upon an individual surviving another, an individual who is not established by clear and convincing evidence to have survived the other individual by 120 hours is deemed to have predeceased the other. However, this section does not apply if its application would result in a taking of an intestate estate by the Commonwealth.","order_by":null,"text":{"0":{"id":254197,"text":"Except as provided in \u00a7 64.2-2205, if the (i) title to property, (ii) devolution of property, or (iii) right to elect an interest in property, an augmented estate share or exempt property, or homestead or family allowance depends upon an individual surviving another, an individual who is not established by clear and convincing evidence to have survived the other individual by 120 hours is deemed to have predeceased the other. However, this section does not apply if its application would result in a taking of an intestate estate by the Commonwealth.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13990,"edition_id":1,"name":"Uniform Simultaneous Death Act","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12920,"metadata":{},"date_created":"2026-06-26 03:46:31","date_modified":"2026-06-26 03:46:31","permalink":{"id":275731,"object_type":"structure","relational_id":13990,"identifier":"22","token":"64.2\/V\/22","url":"\/64.2\/V\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12920,"edition_id":1,"name":"Provisions Applicable to Probate and Nonprobate Transfers","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":275729,"object_type":"structure","relational_id":12920,"identifier":"V","token":"64.2\/V","url":"\/64.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70873,"structure_id":13990,"section_number":"64.2-2200","catch_line":"Definitions","url":"\/64.2-2200\/","token":"64.2\/V\/22\/64.2-2200","metadata":false},{"id":70440,"structure_id":13990,"section_number":"64.2-2201","catch_line":"Requirement of survival by 120 hours for statutory rights","url":"\/64.2-2201\/","token":"64.2\/V\/22\/64.2-2201","metadata":false},{"id":74764,"structure_id":13990,"section_number":"64.2-2202","catch_line":"Requirement of survival by 120 hours under donative dispositions in governing instruments","url":"\/64.2-2202\/","token":"64.2\/V\/22\/64.2-2202","metadata":false},{"id":65643,"structure_id":13990,"section_number":"64.2-2203","catch_line":"Co-owners with right of survivorship; requirement of survival by 120 hours","url":"\/64.2-2203\/","token":"64.2\/V\/22\/64.2-2203","metadata":false},{"id":82199,"structure_id":13990,"section_number":"64.2-2204","catch_line":"Evidence of death or status","url":"\/64.2-2204\/","token":"64.2\/V\/22\/64.2-2204","metadata":false},{"id":55065,"structure_id":13990,"section_number":"64.2-2205","catch_line":"Exceptions","url":"\/64.2-2205\/","token":"64.2\/V\/22\/64.2-2205","metadata":false},{"id":71864,"structure_id":13990,"section_number":"64.2-2206","catch_line":"Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient","url":"\/64.2-2206\/","token":"64.2\/V\/22\/64.2-2206","metadata":false},{"id":71433,"structure_id":13990,"section_number":"64.2-2207","catch_line":"Uniformity of application and construction","url":"\/64.2-2207\/","token":"64.2\/V\/22\/64.2-2207","metadata":false},{"id":79933,"structure_id":13990,"section_number":"64.2-2208","catch_line":"Effective date","url":"\/64.2-2208\/","token":"64.2\/V\/22\/64.2-2208","metadata":false}],"previous_section":{"id":70873,"structure_id":13990,"section_number":"64.2-2200","catch_line":"Definitions","url":"\/64.2-2200\/","token":"64.2\/V\/22\/64.2-2200","metadata":false},"next_section":{"id":74764,"structure_id":13990,"section_number":"64.2-2202","catch_line":"Requirement of survival by 120 hours under donative dispositions in governing instruments","url":"\/64.2-2202\/","token":"64.2\/V\/22\/64.2-2202","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2201\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 475<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":55065,"section_number":"64.2-2205","catch_line":"Exceptions","order_by":null,"url":"\/64.2-2205\/"}],"permalink":{"id":275737,"object_type":"law","relational_id":70440,"identifier":"64.2-2201","token":"64.2\/V\/22\/64.2-2201","url":"\/64.2-2201\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2201\/","token":"64.2\/V\/22\/64.2-2201","dublin_core":{"Title":"Requirement of survival by 120 hours for statutory rights","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2201","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Except as provided in \u00a7 64.2-2205<\/a>, if the (i) title to property, (ii) devolution of property, or (iii) right to elect an interest in property, an augmented estate share or exempt property, or homestead or family allowance depends upon an individual surviving another, an individual who is not established by clear and convincing evidence<\/span> to have survived the other individual by 120 hours is deemed to have predeceased the other. However, this section does not apply if its application would result in a taking of an intestate estate by the Commonwealth.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREQUIREMENT OF SURVIVAL BY 120 HOURS FOR STATUTORY RIGHTS (\u00a7 64.2-2201)\n\nExcept as provided in \u00a7 64.2-2205, if the (i) title to property, (ii)\ndevolution of property, or (iii) right to elect an interest in property, an\naugmented estate share or exempt property, or homestead or family allowance\ndepends upon an individual surviving another, an individual who is not\nestablished by clear and convincing evidence to have survived the other\nindividual by 120 hours is deemed to have predeceased the other. However, this\nsection does not apply if its application would result in a taking of an\nintestate estate by the Commonwealth.\n\nHISTORY: 1994, c. 475, \u00a7 64.1-104.2; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}