Will Anti-Lapse and Substitute Gifts by State
When a person named in a will dies or is treated as having died before the testator, does a statutory substitute gift pass to that person's descendants?
Jurisdictions
47 of 51 verified so far
Statutes checked
Every entry, oldest check October 4, 2026
Columns
10 per state
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What this survey covers
An anti-lapse statute supplies a substitute recipient when a gift fails because its named recipient dies or is treated as having died. The table follows the statutory steps: whether the recipient is covered, what kind of failure occurred, who survives, and what the will or statute says about the gift's destination.
Why the columns differ
Texas Estates Code § 255.153 protects descendants of the testator or the testator's parent and requires the substitute descendants to outlive the testator by 120 hours. Its class-gift section excludes a person who died before the will was executed from class-member treatment.
Florida § 732.603 covers a grandparent or descendant of a grandparent, includes express class and appointment rules, and treats words such as "my surviving children" as a contrary intent. Its rule applies only to outright devises and appointments; trust gifts are directed to a separate statute.
Washington RCW 11.12.110 extends its substitute gift to a will and to a grantor's trust that becomes irrevocable by death. It also addresses an interest that remains subject to a contingency after the grantor's death. These differences call for separate columns on instrument scope and failure timing.
Scope boundaries
The survey describes the statutory default and express overrides. It does not interpret a disputed will, decide a person's kinship or survival, or predict a court's resolution of contrary intent.
State by state
Every column answered the same way for each jurisdiction. Open a state for the full page, with the statute text and the date it was checked.
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| State | Instruments and gifts covered | Which devisees qualify | Death or failure trigger | Descendant survival period | Who takes and how | Class gifts | Failed gift and residue | Contrary intent and survival words | Alternative gifts and appointments | Trust and nonprobate reach |
|---|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-10-05 | Will devise, including potential class member; will rules apply to trust terms as appropriate (§§ 43-8-224, 19-3B-112). |
Devisee must be testator's grandparent or lineal descendant of a grandparent (§ 43-8-224). |
Devisee dead when will executed, fails to survive testator, or treated as predeceased (§ 43-8-224). |
Substitute issue must survive testator by five days (§ 43-8-224). |
Issue in same degree take equally; unequal degrees take by representation (§ 43-8-224). |
Would-be class member counts whether death was before or after will execution (§ 43-8-224). |
Other failed nonresiduary gift enters residue; failed multiperson residuary share goes proportionately to other residuary devisees (§ 43-8-225). |
Will's contrary intention controls construction; § 43-8-224 itself requires substitute issue's five-day survival (§§ 43-8-222, -224). |
The will's expressed intention controls its dispositions, including any stated alternative (§ 43-8-222). |
Trust or trustee receiving will devise is devisee; will-construction rules apply to trust terms as appropriate (§§ 43-8-1(6), 19-3B-112). |
| Alaska verified 2026-10-05 | Will devise, class/alternative gift, or appointment exercised by will (§ 13.12.603(a), (d)). |
Grandparent, grandparent's descendant, or stepchild of testator or donor of exercised power (§ 13.12.603(a)). |
Fails to survive testator; includes devisee already dead when will executed (§ 13.12.603(a), (d)(5)). |
Substitutes must survive testator; general 120-hour deeming rule with exceptions (§§ 13.12.603(d)(9), 13.12.702(a), (d)). |
Deceased devisee's surviving descendants take by representation (§ 13.12.603(a)(1)–(2)). |
Substitution for deceased member; broad issue/heirs/family classes excluded (§ 13.12.603(a)(2)). |
Failed nonresiduary gift enters residue; failed co-residuary share passes proportionally to others (§ 13.12.604). |
Contrary will intent controls; survival words alone insufficient (§ 13.12.603(a)(3)). |
Entitled alternative devisee can supersede substitution; deceased appointee's descendants may substitute (§ 13.12.603(a)(4)–(5), (b)). |
Separate substitute-gift rules for trust future interests and designated nonprobate beneficiaries (§§ 13.12.706–.707). |
| Arizona verified 2026-10-04 | Will devises, including class and alternative devises and appointments exercised by will (§ 14-2603(A), (D)(3)). |
Grandparent, grandparent's descendant, or stepchild of testator or donor of will-exercised power (§ 14-2603(A), (D)(5)). |
Devisee fails to survive testator; definition includes one dead when will executed (§ 14-2603(A), (D)(4)). |
Surviving descendants generally must outlive testator by 120 hours, subject to § 14-2702(D) exceptions (§§ 14-2603(D)(6), 14-2702(A)). |
Deceased devisee's surviving descendants take by representation (§ 14-2603(A)(1)). |
Covers deceased class member except gifts to issue, descendants, heirs, family, and similar listed classes; branches take by representation (§ 14-2603(A)(2)). |
Uncovered failed nonresiduary devise joins residue; failed multiperson residuary share goes proportionally to others; undisposed estate passes by intestacy (§§ 14-2604, 14-2101(A)). |
'If he survives me' and 'my surviving children' ordinarily negate substitution absent clear and convincing contrary evidence (§ 14-2603(C)). |
Express alternative supersedes substitute even if named alternative taker cannot take; appointee's descendant may substitute outside power's objects (§ 14-2603(A)(3), (B), (D)(1)). |
Separate trust-future-interest rule keys substitution to distribution date; will rule covers exercised appointments (§§ 14-2707(A), 14-2603(D)(3)). |
| California verified 2026-10-04 | Construction part applies to wills, trusts, deeds and other instruments unless provision/context requires otherwise (§ 21101). |
Transferee must be transferor's kin or kin of a surviving, deceased or former spouse; transferor's spouse excluded (§ 21110(c)). |
Dead at instrument execution, fails or is treated as failing to survive transferor, or fails a required future time (§ 21110(a)). |
No fixed hour count in § 21110; § 240 allocates among issue living at distribution's relevant time. |
Deceased transferee's issue take under nearest-living-generation equal shares, with deceased branches divided likewise (§§ 21110(a), 240). |
Class member included unless death before execution was known to transferor at execution (§ 21110(a)). |
Subject to § 21110, stated alternative first, then residue, then decedent's estate; failed co-residue generally passes to others (§ 21111(a)–(b)). |
Express contrary intention or substitute disposition defeats substitution; survival through death or stated later period is contrary intent (§ 21110(b)). |
Express substitute disposition defeats § 21110 substitution; § 21111(a)(1) honors an alternative disposition stated in the instrument. |
Part includes trusts and deeds; at-death transfer means lifetime-revocable transfer, excluding joint tenancy and joint survivorship account (§§ 21101, 21104). |
| Colorado verified 2026-10-05 | Will devise, including class, alternative, and testamentary appointment; current construction rules apply to wills executed/reaffirmed on or after July 1, 1995 (§ 15-11-601). |
Devisee is grandparent or descendant of grandparent of testator or donor of exercised power (§ 15-11-603(2)). |
Devisee fails to survive testator, including one dead when will signed or deemed predeceased under § 15-11-702 (§ 15-11-603(1)(d), (f), (2)). |
Surviving descendant must outlive testator by 120 hours unless § 15-11-702(4) excepts the transfer (§§ 15-11-603(1)(f), 15-11-702(1)). |
Deceased devisee's surviving descendants take per capita at each generation (§ 15-11-603(2)(a)–(b)). |
Covered class member replaced, except specified family-label classes such as issue, descendants, heirs, relatives or family (§ 15-11-603(1)(b), (2)(b)). |
Other failed nonresiduary gift enters residue; failed multiperson residuary share goes proportionately to remaining residuary devisees (§ 15-11-604). |
Survival words alone do not defeat substitution; express lapse or exclusion words can, subject to contrary will intent (§§ 15-11-601, -603(2)(c)). |
Express alternative takes priority only if its designated devisee takes; testamentary appointee's descendants may substitute unless power excludes them (§ 15-11-603(1)(a), (2)(d)–(e)). |
Will trust beneficiary counts as devisee; separate § 15-11-707 governs trust future interests, and § 15-11-706 covers specified nonprobate designations but excludes wills and listed assets. |
| Connecticut verified 2026-10-05 | Will devise or bequest; separate Trust Code covers express testamentary and inter vivos trusts (§§ 45a-441, 45a-499b(a)). |
Devisee or legatee must be testator’s child, stepchild, grandchild, brother or sister (§ 45a-441). |
Named beneficiary dies before testator; § 45a-441 does not distinguish death before will execution. |
Issue of deceased beneficiary take; § 45a-441 states no fixed hour or day period. |
Deceased beneficiary’s issue take the devised or bequeathed estate (§ 45a-441). |
Section 45a-441 speaks of a devisee or legatee without a separate class-gift test; apply its named conditions to the gift. |
Failed specific real-property devise under post-1947 will enters residue absent another provision, subject to substitution (§ 45a-442). |
A will provision for the beneficiary’s death contingency displaces statutory substitution (§ 45a-441). |
Will’s provision for the contingency governs before § 45a-441 substitution. |
Express testamentary and inter vivos trusts fall under separate Trust Code scope (§ 45a-499b(a)). |
| Delaware verified 2026-10-05 | Will devise or legacy, including qualifying class gift (§ 2313(a)). |
Testator's grandparent or lineal descendant of testator's grandparent (§ 2313(a)(1)). |
Dead at execution, fails to survive, or treated as predeceased (§ 2313(a)(1)). |
Issue must survive testator by 120 hours (§ 2313(a)(1)). |
Surviving issue take in place of beneficiary, per stirpes (§ 2313(a)(1)). |
Person who would have taken as class member is covered whether death preceded or followed execution (§ 2313(a)(2)). |
Failed share of multi-beneficiary residue passes proportionally to other residuary beneficiaries (§ 2313A(a)). |
Will provision for a different distribution displaces statutory result (§§ 2313(b), 2313A(b)). |
Different will distribution can govern; § 2313 does not separately address exercised appointment powers. |
§ 2313 is framed as a will devise or legacy; it states no trust or nonprobate extension. |
| District of Columbia verified 2026-10-05 | Will devise or bequest; TOD-deed effect expressly subject to will lapse section (§§ 18-308, 19-604.13(a)). |
Any devisee or legatee; no testator-kinship condition stated (§ 18-308). |
Devisee or legatee dies before testator and leaves issue who survive (§ 18-308). |
Issue must survive testator; general 120-hour rule where devolution depends on survival, subject to exceptions (§§ 18-308, 19-502, 19-506). |
Surviving issue take as the beneficiary would have if alive (§ 18-308). |
§ 18-308 supplies no separate class-member or class-share formula. |
Failed or void devise/bequest is included in residue, if any, absent contrary will intent (§ 18-308). |
Different will disposition displaces substitution; contrary will intention changes residue default (§ 18-308). |
Different will disposition may govern; § 18-308 gives no separate appointment formula. |
Will rule; TOD-deed statute expressly references § 18-308; no separate trust extension stated there (§§ 18-308, 19-604.13(a)). |
| Florida verified 2026-10-04 | Outright will devises and appointments exercised by will; trust gifts referred to separate § 736.1106 (§ 732.603(1), (2), (4)). |
Devisee: testator's grandparent or descendant of grandparent; appointee: same relationship to power's donor (§ 732.603(1)–(2)). |
Dead at will execution, fails to survive testator, or treated as predeceased by will or law; appointments include death at power creation (§ 732.603(1)–(2)). |
Surviving descendants take; § 732.603 states no separate fixed-hour period for them. |
Deceased devisee's or appointee's surviving descendants take per stirpes (§ 732.603(1)–(2)). |
Devisees and appointees include class members, even those dead when will executed; alternative gifts also included (§ 732.603(3)(b)). |
Other failed nonresiduary devise joins residue; failed residuary share passes proportionally to remaining residuary devisees (§ 732.604). |
Contrary intent in will or appointment instrument controls; 'my surviving children' and similar words suffice (§ 732.603(1)–(3)). |
Alternative devises/appointments covered; will-exercised appointment protects qualifying donor-relative appointee's descendants (§ 732.603(2), (3)(b)). |
§ 732.603 applies only to outright devises/appointments; trust future interests follow § 736.1106's distribution-date rule (§ 732.603(4)). |
| Hawaii verified 2026-10-05 | Will devise, including alternative or class gifts and testamentary appointment (§ 560:2-603(a)). |
Grandparent, descendant of grandparent, or stepchild of testator or appointment donor (§ 560:2-603(b)). |
Devisee fails to survive testator, including one dead when will was signed (§ 560:2-603(a), (b)). |
Surviving descendants generally must clear the 120-hour deemed-predecease rule, subject to exceptions (§§ 560:2-603(a), 560:2-702(a), (d)). |
Surviving descendants take deceased devisee's share by representation (§ 560:2-603(b)(1)–(2)). |
Qualifying deceased class member's descendants substitute, except listed family-relationship classes (§ 560:2-603(b)(2)). |
Other failed nonresiduary gift enters residue; failed multiperson residuary share shifts proportionately; undisposed estate intestate (§§ 560:2-604, 560:2-101(a)). |
Contrary intent controls; ordinary “if he survives me” or “my surviving children” alone is insufficient (§§ 560:2-601, 560:2-603(b)(3)). |
Qualifying alternative supersedes substitution; younger-generation substitute has priority; appointee's descendant may qualify (§ 560:2-603(b)(4)–(5), (c)(2)). |
Separate rules cover beneficiary designations and trust future interests; outright death-terminating revocable trust uses will rules (§§ 560:2-706, 560:2-707). |
| Idaho verified 2026-10-05 | Will devise, including a qualifying class gift (§ 15-2-605). |
Grandparent or lineal descendant of testator's grandparent (§ 15-2-605). |
Dead at execution, fails to survive testator, or treated as predeceased (§ 15-2-605). |
Issue must survive testator by 120 hours (§ 15-2-605). |
Same-degree issue take equally; remoter issue take by representation (§ 15-2-605). |
Would-be class devisee counts whether death preceded or followed will execution (§ 15-2-605). |
Other failed nonresiduary gift enters residue; failed multiperson residuary share shifts proportionately; undisposed estate passes to heirs (§§ 15-2-606, 15-2-101). |
Expressed will intention controls; special survival or common-disaster language affects deemed predecease (§§ 15-2-603, 15-2-601). |
Expressed will intention controls alternatives; general residue alone does not exercise a power of appointment (§§ 15-2-603, 15-2-610). |
Pour-over gift to a qualifying trust follows its governing instrument; prior revocation or termination generally lapses the devise (§ 15-2-511). |
| Illinois verified 2026-10-04 | Will legacies of present or future interests; future interest vested before enjoyment is excepted from substitution clauses (755 ILCS 5/4-11). |
Individual legatee or deceased class member must be testator's descendant for descendant substitution (755 ILCS 5/4-11(a)–(b)). |
Descendant legatee/class member dies before or after testator, before possession or enjoyment; other pretestator death may lapse (755 ILCS 5/4-11). |
Substitute descendants must be living when legacy takes effect in possession or enjoyment; no fixed-hour count in § 4-11. |
Living descendants of deceased descendant legatee or class member take that share per stirpes (755 ILCS 5/4-11(a)–(b)). |
Living class members take dead member's share; if dead member was testator's descendant, that member's then-living descendants take per stirpes (755 ILCS 5/4-11(b)). |
Other legacy lapsed by pretestator death joins residue; failed residuary share passes to remaining residuary legatees proportionally (755 ILCS 5/4-11(c)). |
Testator may expressly provide otherwise in will; vested future interest before enjoyment excluded from clauses (a)–(b) (755 ILCS 5/4-11). |
Express will terms can alter § 4-11; its text addresses legacies, without resolving separate appointment outcomes. |
§ 4-11 speaks to will legacies; it does not determine succession under a separate trust or nonprobate designation. |
| Indiana verified 2026-10-04 | Will devise of real or personal estate; separate trust-gift rule (IC 29-1-6-1(g); 30-4-2.1-7(b)). |
Will devisee must be testator's descendant; trust beneficiary must be settlor's descendant (IC 29-1-6-1(g); 30-4-2.1-7(b)). |
Will devisee dies during testator's lifetime, before or after will execution; trust beneficiary dies before settlor (IC 29-1-6-1(g); 30-4-2.1-7(b)). |
Substitute descendant must survive testator or settlor; cited provisions state no fixed hour count (IC 29-1-6-1(g); 30-4-2.1-7(b)). |
Property vests as if deceased devisee or beneficiary survived and then died intestate (IC 29-1-6-1(g); 30-4-2.1-7(b)). |
Will rule describes a devise to any descendant of testator; no distinct class-share formula in subsection (g) (IC 29-1-6-1(g)). |
Failed nonresiduary will devise enters residue; separate trust rule does the same for a trust devise (IC 29-1-6-1(g); 30-4-2.1-6). |
Will and trust interpretation rules yield to contrary intent in the instrument (IC 29-1-6-1; 30-4-2.1-1). |
Contrary will intent controls construction; a will exercises a power of appointment only if it specifically indicates that intent (IC 29-1-6-1, (f)). |
Trust gift to settlor's descendant has its own substitute-taker provision (IC 30-4-2.1-7(b)). |
| Iowa verified 2026-10-05 | Will devise; separate pour-over rule for gifts to a trustee (§§ 633.273, 633.275). |
Any devisee with surviving issue, except predeceased spouse’s devise lapses by default (§§ 633.273–633.274). |
Devisee dies before testator; class member must die after will execution (§ 633.273). |
Substitute issue must survive testator; § 633.273 states no fixed hour count. |
Surviving issue inherit deceased devisee’s gift per stirpes (§ 633.273(1)). |
Would-be class member counts only if death follows will execution (§ 633.273(2)). |
Other failed nonresiduary gift enters residue; failed multiperson residuary share passes proportionately; undisposed estate by intestacy (§§ 633.273A, 633.272). |
Clear and explicit contrary will intent controls anti-lapse and fallback; spouse exclusion has same override test (§§ 633.273–633.274). |
Clear, explicit contrary will terms can redirect the gift (§ 633.273). |
Pour-over gift joins identified trust and follows trust terms; predeath trust termination lapses the gift (§ 633.275). |
| Kansas verified 2026-10-05 | Devise or bequest under a will (§ 59-615(a)). |
Spouse or relative by lineal descent or within sixth degree, by blood or adoption (§ 59-615(a)). |
Covered devisee or legatee dies before testator, leaving surviving issue (§ 59-615(a)). |
Issue must survive testator; no fixed hour count in § 59-615(a). |
Surviving issue take the same estate the deceased beneficiary would have taken (§ 59-615(a)). |
Covered spouse or relative in a devise or bequest follows § 59-615(a)'s relationship and survival conditions. |
Covered gift passes to surviving issue; § 59-615(a) directs no separate destination for an uncovered failed gift. |
Different disposition made or required by will overrides substitution (§ 59-615(a)). |
Will can make or require a different disposition; § 59-615(a) addresses devises and bequests. |
Will-construction rules apply to trust terms and property as appropriate (§ 58a-112). |
| Kentucky verified 2026-10-05 | Will devise or bequest; trust construction rules apply as appropriate (KRS 394.400; 386B.1-100). |
Any deceased devisee or legatee with surviving issue; no testator-kinship condition in the quoted rule (KRS 394.400). |
Beneficiary dead before testator or already dead when will made; class and co-owner rules specify pretestator death (KRS 394.400, 394.410). |
Issue must survive testator; no fixed hour count appears in KRS 394.400. |
Dead beneficiary's surviving issue take that beneficiary's gift; class member's descendants take the share under KRS 394.410(1). |
Deceased class or tenant-in-common member’s descendants take; absent descendants, surviving devisees take (KRS 394.410(1)). |
Otherwise ineffective devise or bequest enters will residue unless contrary intent appears (KRS 394.500). |
Different will disposition overrides substitution; express joint tenancy with survivorship sends predeceased co-owner’s share to survivors (KRS 394.400, 394.410(3)). |
Will’s different disposition governs the deceased devisee’s gift (KRS 394.400). |
Will construction rules apply as appropriate to trust terms and property (KRS 386B.1-100). |
| Louisiana verified 2026-10-05 | Testamentary legacy, joint or otherwise; separate rule for testamentary trust principal interest (arts. 1593; R.S. 9:1809). |
Legatee: testator's child, sibling, or descendant of either; trust principal beneficiary: settlor's descendant, sibling, or sibling's descendant (art. 1593; R.S. 9:1809). |
Legacy lapses for predecease, incapacity, unfulfilled suspensive condition, unworthiness, renunciation or invalidity; art. 1593 excludes stated invalidity/nullity grounds (arts. 1589, 1593). |
Will substitute descendants must exist at testator's death; trust rule requires principal beneficiary not to survive settlor (art. 1593; R.S. 9:1809). |
Qualifying legatee's descendants in existence at death take by roots; trust substitutes are descendants by roots (art. 1593; R.S. 9:1809). |
Qualifying joint legatee remains covered; code distinguishes joint and separate multi-person legacies (arts. 1588, 1592–1593). |
Uncovered lapse follows testament, then successor under testament, joint colegatees, universal legatees, and finally intestacy (arts. 1590–1592, 1595–1596). |
Testamentary direction governs accretion first; testamentary trust may provide otherwise (art. 1590; R.S. 9:1809). |
Governing testamentary provision takes priority over default accretion (art. 1590). |
Separate substitute rule for named principal beneficiary of testamentary trust; it yields to contrary trust terms (R.S. 9:1809). |
| Maryland verified 2026-10-05 | Will legacies to a named or described legatee, or a member of a gift class (§ 4-403(a)). |
Any qualifying legatee; § 4-403(a) states no kinship condition. |
Legatee dies after will execution but before testator; a nonspouse legatee surviving under 30 full days is deemed to predecease (§§ 4-401, 4-403(a)). |
§ 4-403 directs the gift to the legatee's testate or intestate takers, without an express descendant-survival period; § 4-401 has a separate 30-day rule for the original legatee. |
Those who would have taken if the legatee died owning the property, testate or intestate; direct distribution from testator's estate (§ 4-403(b)). |
A deceased member of a class favored by a legacy is expressly covered (§ 4-403(a)(3)). |
Other void or inoperative legacy passes as though it had not existed; failed share among multiple residuary legatees augments the others proportionately (§ 4-404). |
Express contrary intent in will overrides §§ 4-403 and 4-404; § 4-401 states two exceptions to its 30-day deemed-predecease rule. |
An express contrary will direction controls; § 4-403 addresses legacies without resolving a separate appointment (§ 4-403(a)). |
§ 4-403 addresses legacies in a will; it does not decide gifts under a separate trust or beneficiary designation. |
| Massachusetts verified 2026-10-04 | Devises under a will; a trust or trustee named to receive a devise is the devisee (§§ 2-603, 1-201(11)). |
Devisee must be testator's grandparent or a lineal descendant of a grandparent (§ 2-603). |
Dead when will executed, fails to survive testator, or is treated as predeceased (§ 2-603). |
Devisee's issue must survive testator; § 2-603 states no fixed hour period (§ 2-603). |
Surviving issue take equally at same degree; unequal degrees take per capita at each generation (§ 2-603). |
Potential class member counts as devisee whether death precedes or follows will execution (§ 2-603). |
Unsubstituted failed nonresiduary gift enters residue; failed residuary share goes proportionally to other residuary devisees (§ 2-604). |
Construction rules yield to contrary intention shown by will terms; uncertain survival is deemed predecease, subject to express exceptions (§§ 2-601, 2-702). |
Will terms govern construction; the stated statutory substitute is the qualifying devisee's surviving issue (§§ 2-601, 2-603). |
A trust/trustee receiving a will devise is the devisee; trust future interests have a separate substitute-taker rule (§§ 1-201(11), 2-707). |
| Michigan verified 2026-10-04 | Will devises, including individual and eligible class gifts and appointments exercised by will (§§ 700.2602(1), 700.2603(1)). |
Grandparent, grandparent's descendant, or stepchild of testator or donor of power exercised by will (§ 700.2603(1)). |
Devisee fails to survive testator; § 700.2603 does not distinguish death before versus after will execution (§ 700.2603(1)). |
Surviving descendants generally need 120 hours after testator's death, subject to statutory exceptions (§ 700.2702(1), (4)). |
Deceased devisee's surviving descendants take that devisee's share by representation (§ 700.2603(1)(a)). |
Substitution applies except to 'issue,' 'descendants,' 'heirs,' 'family,' and similar listed classes; branches take by representation (§ 700.2603(1)(b)). |
Uncovered failed nonresiduary gift enters residue; failed share of multiperson residue augments other shares; undisposed estate passes by intestacy (§§ 700.2604, 700.2101(1)). |
Contrary intent can displace construction rule; 'if he survives me' or 'my surviving children' alone does not (§§ 700.2602(1), 700.2603(1)(c)). |
Named alternative supersedes substitute only if expressly designated alternative devisee takes; appointee's descendants can qualify even outside power's objects (§ 700.2603(1)(d)–(e), (2)). |
Separate trust-future-interest rule substitutes descendants at distribution date, subject to exceptions and pre-April 2000 boundary (§ 700.2714(1)–(2)). |
| Minnesota verified 2026-10-05 | Will devise; will construction rules apply to trust terms and property as appropriate (§§ 524.2-601, 501C.0112). |
Devisee must be testator's grandparent or lineal descendant of a grandparent (§ 524.2-603, subd. 1). |
Dead when will executed, fails to survive testator, or treated as predeceased (§ 524.2-603, subd. 1). |
Substitute issue must survive testator by 120 hours (§ 524.2-603, subd. 1). |
Issue of same degree take equally; unequal degrees take by representation (§ 524.2-603, subd. 1). |
Would-be class member counts as devisee whether death preceded or followed will execution (§ 524.2-603, subd. 1). |
Other failed nonresiduary gift enters residue; failed multiperson residuary share goes proportionately to other residuary devisees (§ 524.2-604). |
Will construction yields to contrary intent; “if he or she survives me” and “my surviving children” suffice to defeat § 524.2-603 (§§ 524.2-601, -603, subd. 2). |
Contrary will terms control; § 524.2-603 states no separate appointment or alternative-gift priority rule. |
Will rules apply to trust terms as appropriate; revocable-trust beneficiary has a separate 120-hour deeming rule (§§ 501C.0112, 524.2-702(a)). |
| Mississippi verified 2026-10-05 | Estate of any kind devised or bequeathed by a will (§ 91-5-7). |
Devisee or legatee must be the testator's child or other descendant (§ 91-5-7). |
Covered beneficiary dies during the testator's lifetime, testate or intestate (§ 91-5-7). |
Beneficiary's child or descendant of a child must survive the testator; no stated hour count (§ 91-5-7). |
Surviving children or descendants take as if beneficiary survived testator and died intestate (§ 91-5-7). |
A child or descendant named in a will gift follows the same § 91-5-7 kinship and survival conditions. |
Covered devise or legacy does not lapse; § 91-5-7 provides the substitute takers, including for a covered share. |
Section 91-5-7's statutory conditions govern a covered gift; read the will's actual gift terms. |
Section 91-5-7 addresses a will devise or legacy to the covered beneficiary. |
Will-construction rules apply to trust terms and disposition as appropriate (§ 91-8-112); no automatic trust outcome stated. |
| Montana verified 2026-10-05 | Will devises, including class and alternative gifts and appointments exercised by will (§ 72-2-613(1)(e)–(f)). |
Grandparent, descendant of a grandparent, or stepchild of testator or donor of exercised power (§ 72-2-613(2)). |
Devisee fails to survive testator; includes one already deceased when will was executed (§ 72-2-613(1)(f), (2)). |
Substitutes must survive testator; general 120-hour deeming rule applies, subject to exceptions (§§ 72-2-613(1)(h), 72-2-712(1), (4)). |
Deceased devisee's surviving descendants take that share by representation (§ 72-2-613(2)(a)–(b)). |
Substitution for deceased class member; broad kinship classes such as heirs or family excluded (§ 72-2-613(2)(b)). |
Unsubstituted failed nonresiduary gift enters residue; failed residuary share passes proportionally to other residuary devisees (§ 72-2-614). |
Contrary will intent controls; survival words alone do not defeat substitution (§§ 72-2-611, 72-2-613(2)(c)). |
Qualifying alternative devise supersedes substitution; appointments and deceased appointees expressly covered (§ 72-2-613(1)(e)–(f), (2)(d)–(e), (3)). |
Will-construction rules apply to trusts as appropriate; this will rule gives no general nonprobate substitute gift (§§ 72-2-613, 72-38-112). |
| Nebraska verified 2026-10-05 | Will devise, including a qualifying class gift (§ 30-2343). |
Devisee related to testator in any degree of kinship (§ 30-2343). |
Dead at will execution, fails to survive testator, or treated as predeceased (§ 30-2343). |
Issue must survive testator by 120 hours (§ 30-2343). |
Same-degree issue take equally; remoter issue take by representation (§ 30-2343). |
Would-be class devisee counts whether death preceded or followed will execution (§ 30-2343). |
Other failed nonresiduary gift enters residue; failed multiperson residuary share shifts proportionately; undisposed estate intestate (§§ 30-2344, 30-2301(1)). |
Testator's will intention controls; statutory construction applies unless will indicates contrary intent (§ 30-2341). |
Deceased-appointee appointment subject to anti-lapse; nongeneral power may reach deceased permissible appointee's descendant (§ 30-4616). |
Will-construction rules apply to trust terms and property as appropriate (§ 30-3811.01). |
| Nevada verified 2026-10-05 | Will beneficiary's property, share, or beneficial interest (§ 133.200). |
Beneficiary must be a descendant of the testator (§ 133.200). |
Beneficiary dies before the testator leaving lineal descendants (§ 133.200). |
Beneficiary's descendants must be then living; no fixed hour count (§ 133.200). |
Then-living descendants take by right of representation on the same terms (§ 133.200). |
A covered beneficiary's share or beneficial interest follows the same descendant-substitution rule (§ 133.200). |
Covered share passes to descendants; § 133.200 states no separate destination for an uncovered failed devise. |
A contrary provision in the will displaces substitution (§ 133.200). |
Deceased-appointee appointment subject to § 133.200; nongeneral power may reach a deceased permissible appointee's descendant (§ 162B.325). |
Will gift to an identified trust follows § 163.230; § 133.200 speaks of a will provision and beneficial interest. |
| New Hampshire verified 2026-10-05 | Will bequest or devise to a legatee or devisee (§ 551:12). |
No kinship condition between beneficiary and testator stated (§ 551:12). |
Legatee or devisee dies before testator; timing of will execution not separately addressed (§ 551:12). |
General 120-hour rule where property devolution depends on survival, subject to exceptions (§§ 563:2, 563:6). |
Deceased beneficiary's heirs in descending line take as beneficiary would have (§ 551:12). |
§ 551:12 names legatees and devisees but supplies no separate class-gift formula. |
Descending heirs take the deceased beneficiary's bequeathed or devised estate; property not devised or bequeathed is distributed under intestacy law (§§ 551:12, 561:1). |
§ 551:12 gives no express will-language test; general survival law recognizes stated exceptions (§ 563:6). |
§ 551:12 does not address alternatives or the exercise of appointment powers. |
Will-construction rules apply to trust terms and property as appropriate (§ 564-B:1-112(a)). |
| New Jersey verified 2026-10-04 | Will devises; construction rules also reach trusts and other governing instruments (§§ 3B:3-33.1, 3B:3-35). |
Decedent's grandparent, stepchild, or lineal descendant of a grandparent; stepchild includes spouse's child who is not decedent's child (§ 3B:3-35). |
Devisee dead when instrument executed, fails to survive decedent, or is treated as predeceased (§ 3B:3-35). |
Substitute descendants must survive decedent by 120 hours (§ 3B:3-35). |
Surviving descendants take deceased devisee's place by representation (§ 3B:3-35). |
Person who would have been class devisee if alive is covered whether death preceded or followed execution (§ 3B:3-35). |
Failed nonresiduary devise enters residue; failed multiperson residuary share goes to remaining devisees proportionally; undisposed estate passes by intestacy (§§ 3B:3-36, 3B:5-2(a)). |
Probable contrary intent shown by instrument and circumstances can override; § 3B:3-35 supplies no survivorship-word example (§ 3B:3-33.1). |
No express alternative-gift or appointment priority in § 3B:3-35; contrary-intent construction remains (§§ 3B:3-33.1, 3B:3-35). |
Construction rule expressly treats trusts and other governing instruments as wills and their beneficiaries as devisees for this rule (§ 3B:3-33.1(b)). |
| New Mexico verified 2026-10-05 | Will devise, including alternative and class gifts and testamentary power exercise (§ 45-2-603(A)(5)). |
Grandparent, descendant of grandparent, or stepchild of testator or donor of exercised power (§ 45-2-603(B)). |
Devisee fails to survive testator; includes person dead when will was executed (§ 45-2-603(A)(6), (B)). |
Surviving descendants generally must clear 120-hour deemed-predecease rule, subject to exceptions (§§ 45-2-603(A)(8), 45-2-702(A), (D)). |
Surviving descendants take deceased devisee's share by representation (§ 45-2-603(B)(1)–(2)). |
Covered class member's descendants substitute, except in listed family-relationship classes (§ 45-2-603(A)(2), (B)(2)). |
Other failed nonresiduary gift enters residue; failed multiperson residuary share shifts proportionately; undisposed estate intestate (§§ 45-2-604, 45-2-101(A)). |
Contrary intent controls; ordinary “if he survives me” or “my surviving children” alone is insufficient (§§ 45-2-601, 45-2-603(B)(3)). |
Qualifying alternative supersedes; younger-generation substitute has priority; appointee's descendant may qualify (§ 45-2-603(B)(4)–(5), (C)(2)). |
Separate rules govern listed beneficiary designations and trust future interests, including later distribution dates (§§ 45-2-706, 45-2-707). |
| New York verified 2026-10-04 | Testamentary dispositions, including a future estate unless conditioned on surviving testator (§ 3-3.3(a)(2)). |
Beneficiary must be testator's issue or brother or sister (§ 3-3.3(a)(2)). |
Beneficiary dies during testator's lifetime; survival-conditioned future estate excluded (§ 3-3.3(a)(2)). |
Beneficiary's issue must survive testator; § 3-3.3 states no fixed-hour period. |
Deceased beneficiary's issue who survive testator take by representation (§ 3-3.3(a)(2)). |
Covered except gifts to 'issue,' 'descendents,' or similar class; no benefit for issue of ancestor dead before will execution (§ 3-3.3(a)(3)). |
If § 3-3.3 and a will alternative do not apply, failed share of multi-person residue passes ratably to remaining residuary beneficiaries (§ 3-3.4). |
Will may provide otherwise; future estate expressly conditioned on surviving testator falls outside substitution (§ 3-3.3(a)). |
An alternative will disposition supersedes § 3-3.4's residuary fallback; § 3-3.3 speaks of testamentary dispositions. |
§ 3-3.3 addresses testamentary dispositions; these cited provisions do not settle separate trust or nonprobate gifts. |
| North Carolina verified 2026-10-04 | Will devises of real or personal property to individuals, classes, or residuary devisees (§ 31-42(a), (d)). |
Devisee is the testator's grandparent or a descendant of the testator's grandparent (§ 31-42(a)). |
Devisee dies before testator, whether before or after will execution; deemed death follows Article 24 (§ 31-42(a), (c1)). |
Issue take if they survive the testator; general 120-hour survivorship rule applies when taking depends on survival (§ 31-42(a), (c1); § 28A-24-2(a)). |
Deceased devisee's issue take the share as heirs of that devisee under intestacy law in force at testator's death (§ 31-42(a)). |
Issue replace a deceased class member; if none, surviving members and issue substituting for other deceased members share (§ 31-42(a)). |
Substitution reaches residue; other failed gifts enter residue, failed residue augments remaining shares, and no residuary devisee means intestacy (§ 31-42(a)–(b)). |
Will may indicate contrary intent; § 31-42 gives no specific survivorship-word example (§ 31-42(a)–(b)). |
General failure fallback covers a devise that otherwise fails; § 31-42 states no express appointment or alternative-gift rule (§ 31-42(b), (d)). |
Will rule concerns devisees under wills; revocable trust dispositions have separate substitution rule (§ 31-42(d); § 36C-6-605(a)). |
| North Dakota verified 2026-10-05 | Will devise, including class member; separate rules for trust future interests and beneficiary designations (§§ 30.1-09-05, 30.1-09.1-06 to -07). |
Testator's grandparent or lineal descendant of testator's grandparent (§ 30.1-09-05). |
Dead when will executed, fails to survive, or treated as predeceased (§ 30.1-09-05). |
Issue must survive testator by 120 hours (§ 30.1-09-05). |
Equal-degree issue share equally; more remote issue take by representation (§ 30.1-09-05). |
Would-be class member included whether death preceded or followed execution (§ 30.1-09-05). |
Failed nonresiduary gift enters residue; failed co-residuary share goes to other residuary devisees (§ 30.1-09-06). |
Will's contrary intention controls construction; separate general 120-hour rule has exceptions (§§ 30.1-09-03, 30.1-09.1-02). |
Will rule states no separate alternative or appointee formula; general residuary clause does not alone exercise a power (§§ 30.1-09-05, -10). |
Trust future interests and specified beneficiary designations have separate substitute-gift provisions (§§ 30.1-09.1-06 to -07, 59-09-12). |
| Ohio verified 2026-10-04 | Outright will devises and appointments, including alternative and class devises; trust gifts follow § 5808.19 (§ 2107.52(A), (E)). |
Grandparent, grandparent's descendant, or stepchild of testator or donor of will-exercised power (§ 2107.52(B)(2)). |
Devisee fails to survive testator; definition includes person dead when will executed (§ 2107.52(A)(4), (B)(2)). |
Surviving devisee or descendant must survive testator by at least 120 hours (§ 2107.52(A)(7)). |
Deceased devisee's surviving descendants take per stirpes, using statutory intestacy shares (§ 2107.52(A)(5), (B)(2)). |
Covered except multigeneration 'issue,' 'heirs,' 'family,' and similar classes; survivors keep own shares, substitute branches take per stirpes (§ 2107.52(B)(2)(b)). |
Other failed nonresiduary devise joins residue; failed share of multi-person residue goes to remaining devisees; total failure passes by intestacy (§ 2107.52(D)). |
'Surviving children' alone does not negate substitution; 'if my child survives me' ordinarily does; residuary clause alone generally insufficient (§ 2107.52(C)(1)–(3)). |
Alternative devises covered; surviving descendant may replace appointee even if outside power's objects unless creating language expressly excludes it (§ 2107.52(A)(3)–(4), (C)(4)). |
Will rule limited to outright gifts; devises or appointments in trust follow § 5808.19's distribution-date substitution rule (§ 2107.52(E); § 5808.19(B)). |
| Oklahoma verified 2026-10-05 | Estate devised or bequeathed by will to child or other relation (84 O.S. § 142). |
Named devisee or legatee must be testator’s child or other relation (84 O.S. § 142). |
Beneficiary dies before testator; separate § 178 preserves surviving remaindermen of a limited interest (84 O.S. §§ 142, 178). |
Deceased beneficiary must leave lineal descendants; § 142 states no fixed hour or day period. |
Lineal descendants take the estate as the named beneficiary would have (84 O.S. § 142). |
Class includes those meeting its description at death, or before postponed possession (84 O.S. § 171). |
Ineffectively devised realty or bequeathed personalty passes under the corresponding residue clause (84 O.S. §§ 166–167, 177). |
Testamentary intention to substitute another can govern a predeceased beneficiary’s gift (84 O.S. § 177). |
An intended substitute named by the will can receive a predeceased beneficiary’s gift (84 O.S. § 177). |
Section 142 addresses an estate given by will; quoted will provisions do not determine a separate trust or nonprobate gift. |
| Oregon verified 2026-10-05 | Property devised by will; separate trust chapter governs beneficiary rights subject to trust terms (ORS 112.395; 130.020(1)). |
Devisee related to testator by blood or adoption (ORS 112.395). |
Covered devisee dies before testator; class member’s death must follow will execution (ORS 112.395). |
Devisee leaves lineal descendants; cited anti-lapse section gives no fixed hour period (ORS 112.395). |
Lineal descendants take deceased devisee’s property by representation (ORS 112.395). |
Would-be class member treated as devisee only when death follows will execution (ORS 112.395). |
Other failed nonresiduary gift enters residue; failed multiperson residuary share passes proportionately to others (ORS 112.400). |
Will can provide otherwise for individual and qualifying class substitutions (ORS 112.395). |
Will may provide otherwise; general residue alone does not exercise a power absent reference or other intent (ORS 112.395, 112.410). |
Trust beneficiary rights are governed by Chapter 130 except as trust terms provide (ORS 130.020(1)). |
| Pennsylvania verified 2026-10-04 | Will devises and bequests, whether named or in a class (§ 2514(9)). |
Testator's child or other issue, brother or sister, or brother's or sister's child (§ 2514(9)). |
Named beneficiary fails to survive testator; class rule also tests members when gift takes effect in enjoyment (§ 2514(5), (9)). |
Issue must survive testator under paragraph (9); class-member issue must be living when class gift takes effect (§ 2514(5), (9)). |
Surviving issue take deceased ancestor's share per stirpes; sibling branches subject to spouse/issue priority (§ 2514(9)). |
Protected named or class members covered; other classes close at enjoyment and then-living issue of dead members take per stirpes (§ 2514(5), (9)). |
Uncovered failed nonresiduary gift joins residue; uncovered failed residuary share passes proportionally to other residuary beneficiaries (§ 2514(10)–(11)). |
Statutory construction yields to contrary intent in the will; sibling-branch exception applies even when issue survive (§ 2514 intro., (9)). |
Contrary will terms can displace § 2514 defaults; paragraph (9) addresses devises and bequests, leaving appointment treatment undecided. |
A will may give property to a separate trust under § 2515; § 2514's will construction does not decide that trust's beneficiary succession. |
| Rhode Island verified 2026-10-05 | Will devise or bequest of real or personal estate; interest cannot end at or before beneficiary's death (§ 33-6-19). |
Any beneficiary; no kinship to testator specified (§ 33-6-19). |
Beneficiary dies during testator's lifetime, with issue living at testator's death (§ 33-6-19). |
Issue must be living at testator's death; no fixed hour period in will rule (§ 33-6-19). |
Issue take as if beneficiary died intestate immediately after testator (§ 33-6-19). |
Will rule says any person; no separate class-share formula; co-residuary class addressed in fallback (§§ 33-6-19, 33-6-20). |
Certain failed real-estate gifts enter residue; failed co-residuary share goes proportionally to other named co-residuaries (§ 33-6-20). |
Contrary intention appearing in will defeats substitution; no specified survivorship phrase test (§ 33-6-19). |
No express alternative-gift or appointment substitution in § 33-6-19; pour-over appointments separately addressed (§ 33-6-33). |
Will gift rule; § 33-6-33 treats gifts to an existing trust, including a terminated-trust lapse (§§ 33-6-19, 33-6-33). |
| South Carolina verified 2026-10-05 | Will devise; separate revocable-trust substitute-gift provision (§§ 62-2-603, 62-7-606). |
Will devisee: testator's great-grandparent or lineal descendant of one; trust beneficiary: same relationship to settlor (§§ 62-2-603(A), 62-7-606(A)). |
Dead when instrument executed, fails to survive, or treated as predeceased (§§ 62-2-603(A), 62-7-606(A)). |
Issue must survive testator or settlor; anti-lapse clauses state no fixed hour count (§§ 62-2-603(A), 62-7-606(A)). |
Issue of same kinship degree take equally; unequal degrees take by representation (§§ 62-2-603(A), 62-7-606(A)). |
Would-be class member counts whether death came before or after will or trust execution (§§ 62-2-603(B), 62-7-606(A)). |
Other failed will gift enters residue; failed multiperson residue share passes proportionately; similar trust fallback (§§ 62-2-604, 62-7-606(B)–(C)). |
Will intent controls; “if he survives me” and “my surviving children” can defeat substitution; trust expressly may provide otherwise (§§ 62-2-601(A), -603(C), 62-7-606(A)). |
Contrary will terms can redirect a gift; cited anti-lapse section does not separately prioritize an alternative devise or appointment (§ 62-2-603). |
Revocable trust has its own substitute-gift and failed-gift rules; § 62-2-603 is the will provision (§§ 62-7-606, 62-2-603). |
| South Dakota verified 2026-10-05 | Named will devisee or class member; future trust interests handled separately (§§ 29A-2-603, 29A-2-707). |
Grandparent, grandparent's descendant, stepchild, or stepchild's descendant of testator (§ 29A-2-603(a)–(b)). |
Death before will execution or afterward but before testator (§ 29A-2-603(a)–(b)). |
Descendants must survive testator; general 120-hour rule with stated exceptions (§§ 29A-2-603(a), 29A-2-702(a), (d)). |
Deceased devisee's surviving descendants take by representation (§ 29A-2-603(a)–(b)). |
Deceased class member may be covered; issue/descendants/heirs classes follow separate §§ 29A-2-708, -711 (§ 29A-2-603(c)). |
Failed nonresiduary gift enters residue; failed residuary gift goes to heirs or remaining co-residuaries (§ 29A-2-604). |
Contrary will intent controls construction; survival instrument terms may vary 120-hour rule (§§ 29A-2-601, -702(d)). |
§ 29A-2-603 does not state a separate alternative-gift or appointment formula; will construction and terms govern. |
Future interest under trust excluded from will rule and governed by separate § 29A-2-707 (§ 29A-2-603(c)(2)). |
| Tennessee verified 2026-10-04 | Will devise or bequest; also a qualifying revocable living trust (§ 32-3-105(a)–(b)). |
Any devisee, legatee, or member of an immediate-gift class; no kinship test stated (§ 32-3-105(a)). |
Named person dies before testator or was dead when will was made; trust beneficiary predeceases settlor (§ 32-3-105(a)–(b)). |
Issue must survive testator; 1997 ch. 426 § 16 deems a named devisee predeceased if survival is under 120 hours (§ 32-3-105(a)). |
Surviving issue take the estate or interest the deceased person would have taken (§ 32-3-105(a)). |
A deceased member of a class receiving an immediate devise or bequest is covered (§ 32-3-105(a)). |
Failed share of multiperson will or qualifying-trust residue goes proportionally to other residuary recipients, subject to § 32-3-105 (§ 32-3-112). |
Different will disposition or trust agreement controls; 120-hour deeming yields to specified will survival language (§ 32-3-105; 1997 ch. 426 § 16). |
A different disposition made or required by the will controls substitution (§ 32-3-105(a)). |
Revocable living trust becoming irrevocable at settlor's death is expressly covered (§ 32-3-105(b)). |
| Texas verified 2026-10-04 | Will devises under Estates Code ch. 255, subch. D; specific and residuary gifts addressed (§§ 255.151–.153). |
Devisee is a descendant of testator or of testator's parent (§ 255.153(a)). |
Devisee dead at will execution, fails to survive testator, or is treated as predeceased under ch. 121 or otherwise (§ 255.153(a)). |
Substitute descendants must survive testator by 120 hours (§ 255.153(a)). |
Devisee's qualifying descendants take by nearest-degree shares and representation for deceased branches (§ 255.153(a)–(b)). |
Would-be class member treated as devisee only if not dead before will execution (§ 255.154). |
Other failed nonresiduary gift enters residue; failed residuary share shifts to other residuary devisees; all-failed residue passes as intestate (§ 255.152(a)–(c)). |
Will may provide otherwise; 'my surviving children' and similar words prevent substitute-gift rule (§ 255.151). |
§§ 255.151–.154 address devises and class gifts; no separate appointment or alternative-devise substitution stated there. |
Will-devise subchapter; ordinary failed-gift fallback does not apply to charitable-trust devise unless will provides otherwise (§ 255.152(d)). |
| Utah verified 2026-10-05 | Will devise, including class gift, alternative devise or testamentary appointment; trust rules apply as appropriate (§§ 75-2-603(1), 75B-2-111). |
Devisee: grandparent, grandparent’s descendant or stepchild of testator or donor of exercised power (§ 75-2-603(2)). |
Fails to survive testator, including devisee already dead when will signed or deemed predeceased (§ 75-2-603(1)(d), (f), (2)). |
Surviving descendants ordinarily must outlive testator by 120 hours, subject to § 75-2-702(4) exceptions (§§ 75-2-603(1)(f), 75-2-702). |
Surviving descendants take the deceased devisee’s share per capita at each generation (§ 75-2-603(2)(a)–(b)). |
Substitution for qualifying class member; class descriptions like “issue,” “heirs” and “family” excluded (§ 75-2-603(2)(b)). |
Other failed nonresiduary devise enters residue; failed multiperson residuary share passes proportionately (§ 75-2-604). |
“If he survives me” and “my surviving children” indicate contrary intent absent clear and convincing evidence (§ 75-2-603(2)(c)). |
Expressly named alternative taker supersedes substitution only if entitled; appointment descendants may substitute unless power expressly excludes (§ 75-2-603(2)(d)–(e)). |
Will-construction rules apply to trust terms and property as appropriate (§ 75B-2-111). |
| Vermont verified 2026-10-05 | Testamentary gift to a child or other kindred (§ 335). |
Testator's child or other kindred (§ 335). |
Designated beneficiary dies before testator; 120-hour failure is deemed predecease for taking under a will (§§ 335, 337). |
Descendants survive testator; 120-hour will-beneficiary default unless will provides otherwise or escheat exception applies (§§ 335, 337). |
Surviving descendants take what the named beneficiary would have taken; no separate split formula stated (§ 335). |
Testamentary-gift rule; § 335 gives no separate class-member formula. |
Substitution applies to a testamentary gift; property not effectively disposed of by will passes by intestacy (§§ 335, 301(a)). |
A different disposition required by the will controls; will may alter the 120-hour rule (§§ 335, 337). |
Different will disposition controls; § 335 supplies no separate appointment or alternative-gift formula. |
§ 335 addresses testamentary gifts; it states no trust or nonprobate extension. |
| Virginia verified 2026-10-04 | Will gifts, including class gifts; qualifying revocable-trust provisions also covered (§ 64.2-418(B)–(C)). |
Beneficiary is grandparent or grandparent's descendant of testator or settlor (§ 64.2-418(B)). |
Beneficiary dead at execution of will or trust, or at testator's or settlor's death (§ 64.2-418(B)). |
Descendants must survive testator or settlor; general donative rule deems under-120-hour survivors predeceased unless an exception applies (§§ 64.2-418(B), 64.2-2202, 64.2-2205). |
Equal shares at closest surviving-descendant degree; share of deceased member of that degree passes per stirpes to that member's descendants (§ 64.2-418(B)). |
Beneficiary under a class gift expressly covered (§ 64.2-418(B)). |
Uncovered failed nonresiduary gift enters residue; failed multiperson residuary share passes proportionally to others; undisposed property passes by intestacy (§§ 64.2-416(B), 64.2-200(A), 64.2-201(A)). |
Contrary intent in will or trust can override; survival exceptions include an express different period (§§ 64.2-418(B), 64.2-2205(2)). |
No express alternative-gift or appointment priority in § 64.2-418; will or trust's contrary intent controls (§ 64.2-418(B)). |
Trust provision must be revocable immediately before settlor's death on/after July 1, 2018; beneficiary would take by reason of that death (§ 64.2-418(C)). |
| Washington verified 2026-10-04 | Property gifts and appointee appointments under will or grantor's qualifying trust (§ 11.12.110). |
Named recipient is issue of a grandparent of the decedent (§ 11.12.110). |
Recipient dies before decedent or before the recipient's interest is no longer contingent (§ 11.12.110). |
Substitute descendants must survive decedent; § 11.12.110 states no hour count (§ 11.12.110). |
Same-degree descendants take equally; more remote descendants take by representation (§ 11.12.110). |
No separate class-share formula; the rule applies to property given to qualifying grandparent's issue (§ 11.12.110). |
Survival-conditioned gift lapses into residue, otherwise descent/distribution; failed share of multiperson residue goes proportionally to others, subject to substitution (§§ 11.12.120(1)–(2), 11.12.110). |
Substitution applies 'unless otherwise provided'; survival-conditioned lapse rule likewise yields to contrary provision (§§ 11.12.110, 11.12.120(1)). |
Will appointments covered; appointment to deceased appointee otherwise ineffective subject to §§ 11.12.110–.120; no express alternative-gift priority (§§ 11.12.110, 11.95A.250(1)). |
Grantor's trust must become irrevocable by its terms upon or before grantor's death (§ 11.12.110). |
| West Virginia verified 2026-10-05 | Will devise or bequest, including a gift to joint recipients (§ 41-3-3). |
No kinship condition stated for the devisee or legatee (§ 41-3-3). |
Death before testator or already dead when will was made (§ 41-3-3). |
Issue must survive testator; § 41-3-3 states no fixed period. |
Surviving issue take what deceased devisee or legatee would have taken (§ 41-3-3). |
Joint recipients addressed; § 41-3-3 gives no separate class-gift allocation formula. |
Other failed real and personal gifts enter respective residue; failed residuary share shifts proportionately; absent residue, intestacy (§ 41-3-4). |
Different disposition made or required by will overrides substitution (§ 41-3-3). |
Different will disposition controls; § 41-3-6 sets a separate default for exercising an appointment power. |
Will-construction rules apply to trusts as appropriate; a qualifying pour-over gift follows trust terms (§§ 44D-1-112, 41-3-8). |
| Wisconsin verified 2026-10-05 | Revocable provision for outright gift at decedent's death in a governing instrument, including a will (§§ 854.01(2), 854.06(2)). |
Transferee must be decedent's grandparent, issue of a grandparent, or stepchild (§ 854.06(2)). |
Covered transferee fails to survive decedent; individual gift can name someone already dead at execution (§ 854.06(1)(a)1., (3)). |
Issue must survive decedent; § 854.03(1) generally deems survival under 120 hours insufficient, subject to § 854.03(5). |
Surviving issue of covered transferee take per stirpes, using the child-branch allocation in § 854.04(1) (§ 854.06(3)). |
Class member's share qualifies only if member dies after instrument execution (§ 854.06(1)(a)2.). |
Other failed nonresiduary transfer enters instrument's residue; failed multiperson residuary share goes proportionately to other residuary transferees (§ 854.07(1)–(2)). |
Express lapse direction, surviving contingent transferee, or other contrary intent can displace substitution; extrinsic evidence may show intent (§ 854.06(4)). |
Contingent transferees take first; appointment covered unless substitute issue could not be appointees under the power (§ 854.06(1)(a)3., (4)(a)2.). |
Governing instrument includes trusts and nonprobate designations, but § 854.06 reaches only qualifying revocable outright death transfers (§§ 854.01(2), 854.06(2)). |
| Wyoming verified 2026-10-05 | Will devise; class devisees expressly included (§ 2-6-106). |
Testator's grandparent or lineal descendant of a grandparent (§ 2-6-106). |
Dead at will execution, fails to survive testator, or treated as predeceased (§ 2-6-106). |
§ 2-6-106 names the deceased devisee's issue; it states no fixed survival period for them. |
Issue of same degree share equally; if degrees differ, more remote issue take per stirpes (§ 2-6-106). |
Would-be class member counts even if death preceded will execution (§ 2-6-106). |
Nonresiduary failure joins residue; failed residuary share passes to other residuary devisees proportionally, subject to anti-lapse (§ 2-6-107). |
Will's contrary intention overrides construction rules; simultaneous-death act also yields to different will distribution (§§ 2-6-105, 2-13-102). |
Contrary will intention controls; § 2-6-106 states no distinct appointment formula. |
Pour-over will gifts follow trust terms; security TOD registration may use an LDPS substitute, while TOD-deed form chooses a predeceased beneficiary outcome (§§ 2-6-103, 2-16-111, 2-18-104). |
This survey covers 47 of 51 jurisdictions so far; new states are verified and added continuously. A state missing here hasn't been verified yet. We don't publish unverified answers. Arkansas is a separate case: no official statute text is publicly available to quote there.
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