Uniform Simultaneous Death Act

What Does Uniform Simultaneous Death Act Mean?

The Uniform Simultaneous Death Act, a U.S. law established in 1940 and updated in 1993, governs the distribution of property when two individuals who share, jointly own, or have legal connections to the property (such as through a will) die under nearly simultaneous circumstances. This law does not apply if the individuals have included a specific clause in their will detailing how their property should be distributed in the event of such a scenario.

Insuranceopedia Explains Uniform Simultaneous Death Act

The term “simultaneous death” under this law can refer to one death occurring shortly after another, rather than both occurring at precisely the same moment. For example, if a couple involved in a car accident is pronounced dead at different times, the property of the first to die would typically pass to the surviving spouse. However, if the survivor dies within 120 hours from injuries sustained in the accident, the law treats both as having died simultaneously, preventing the transfer of property between them.

The Uniform Simultaneous Death Act was designed to eliminate the lengthy and costly probate process in such scenarios. Without this law, the probate court would needlessly transfer property from one deceased individual to the other before beginning the final distribution.

The act was established by the Uniform Law Commission.