West Virginia Code § 42-1-3b

Requirement that heir survive decedent for one hundred twenty hours
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An individual who fails to survive the decedent by one hundred twenty hours is deemed to
have predeceased the decedent for purposes of intestate succession, and the decedent's
heirs are determined accordingly. If the time of death of a decedent or of an individual who
would otherwise be an heir, or the times of death of both, cannot be determined, and it is not
established that the individual who would otherwise be an heir survived thee decedent by one
hundred twenty hours, it is deemed that the individual failed to survive for the required
period. This section is not to be applied if its application would result inr a taking of intestate
estate by the state under section three-c of this article.

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