Legal Definitions - Simultaneous death act

A Simultaneous Death Act is a state law designed to clarify how assets are distributed when two individuals die at or around the same time, and the order of their deaths cannot be definitively established. These laws typically apply when one person would inherit from the other, either through a will, trust, life insurance policy, or under state intestacy laws (when someone dies without a will). The core principle of these acts is to treat each person as if they died before the other for the purpose of inheritance.

This legal fiction prevents assets from passing through one estate only to immediately pass to the other's estate, which can complicate the probate process and potentially divert assets from the ultimate intended beneficiaries. Most states have adopted a version of the Uniform Simultaneous Death Act, which often specifies a time frame, such as 120 hours (five days), within which deaths are considered "simultaneous" if there is no clear evidence of who died first.

• Example 1: Intestacy and Family Heirs

  Consider a scenario where a married couple, Maria and David, are involved in a tragic accident while hiking, and both are pronounced deceased within minutes of each other. Neither had a will. Under normal circumstances, if David were deemed to have survived Maria, even for a brief moment, Maria's assets would pass to David's estate, and then from David's estate to his next-of-kin (e.g., his parents or siblings). However, if Maria had different next-of-kin (e.g., her own children from a previous marriage), this could lead to an unintended distribution. The Simultaneous Death Act would treat Maria as if she died after David for the purpose of David inheriting from her, and David as if he died after Maria for the purpose of Maria inheriting from him. This means Maria's assets would go directly to her own legal heirs, and David's assets would go directly to his legal heirs, avoiding the assets passing through each other's estates and ensuring they reach the appropriate family lines.

• Example 2: Life Insurance Beneficiary

  Imagine Robert named his daughter, Emily, as the sole beneficiary of his substantial life insurance policy. Robert and Emily are tragically killed in a small plane crash, and medical examiners cannot determine who died first. Without the Simultaneous Death Act, if Emily were presumed to have survived Robert, even for a moment, the life insurance proceeds would be paid to Emily's estate. From there, they would be distributed according to Emily's will or, if she had no will, to her own legal heirs (perhaps her spouse or children). If Robert had intended for the money to go to his grandchildren if Emily couldn't receive it, this outcome would be contrary to his wishes. The Act treats Emily as if she died before Robert for the purpose of inheriting the life insurance. This means the proceeds would then go to any contingent beneficiary Robert had named (e.g., his grandchildren), or if no contingent beneficiary was named, the proceeds would revert to Robert's estate to be distributed according to his will or state intestacy laws.

• Example 3: Jointly Owned Property

  Siblings Lisa and Mark co-own a valuable piece of real estate as "joint tenants with right of survivorship." This means that upon the death of one, the other automatically inherits the deceased's share, becoming the sole owner. They are both involved in a severe car accident and die at the scene, with no evidence to suggest one survived the other. If the Simultaneous Death Act did not apply, and one was arbitrarily deemed to have survived the other, that person's heirs would inherit the entire property. Instead, the Act treats them as if neither survived the other for the purpose of the joint tenancy. In such cases, the property is often treated as if they held it as "tenants in common," meaning Lisa's half interest would pass to her heirs, and Mark's half interest would pass to his heirs, ensuring an equitable distribution to both families rather than the entire property going to only one sibling's beneficiaries.