# 18-C M.R.S. § 2-104: 18-C §2-104. Requirement of survival by 120 hours; individual in gestation

> Maine · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-104

## Section

- **Citation:** 18-C M.R.S. § 2-104
- **Heading:** 18-C §2-104. Requirement of survival by 120 hours; individual in gestation
- **Jurisdiction:** Maine
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** ME Code / Title 18-C / Chapter 2 / Section 2-104

## Text

1. Applicable provisions. For purposes of intestate succession, homestead allowance and exempt property, and except as otherwise provided in subsection 2 , the provisions of this subsection apply. A. An individual born before a decedent's death who fails to survive the decedent by 120 hours is deemed 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, the individual is deemed to have failed to survive for the required period. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. An individual in gestation at a decedent's death is deemed 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, the individual is deemed to have failed to survive for the required period. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Not applicable if results in escheat. This section does not apply if its application would cause the estate to pass to the State under section 2-105 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

## Nearby sections

- [18-C M.R.S. § 2-101 18-C §2-101. Intestate estate](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-101.md)
- [18-C M.R.S. § 2-102 18-C §2-102. Share of spouse](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-102.md)
- [18-C M.R.S. § 2-103 18-C §2-103. Share of heirs other than surviving spouse](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-103.md)
- [18-C M.R.S. § 2-104 18-C §2-104. Requirement of survival by 120 hours; individual in gestation](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-104.md)
- [18-C M.R.S. § 2-105 18-C §2-105. No taker](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-105.md)
- [18-C M.R.S. § 2-106 18-C §2-106. Per capita at each generation](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-106.md)
- [18-C M.R.S. § 2-107 18-C §2-107. Kindred of half blood](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-107.md)
- [18-C M.R.S. § 2-108 18-C §2-108. Advancements](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-108.md)
- [18-C M.R.S. § 2-109 18-C §2-109. Debts to decedent](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-109.md)
- [18-C M.R.S. § 2-110 18-C §2-110. Alienage](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-110.md)
- [18-C M.R.S. § 2-111 18-C §2-111. Dower and curtesy abolished](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-111.md)
- [18-C M.R.S. § 2-112 18-C §2-112. Individuals related to decedent through 2 lines](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-112.md)
- [18-C M.R.S. § 2-113 18-C §2-113. Parent barred from inheriting](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-113.md)
- [18-C M.R.S. § 2-115 18-C §2-115. Determination of parentage for purposes of intestate succession](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-115.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-104. Check the current official text before relying on it. Not legal advice.