What Is the Uniform Simultaneous Death Act?
Let me explain the Uniform Simultaneous Death Act directly to you—it's a law in some U.S. states that steps in to handle inheritance when two or more people die around the same time. If these individuals don't have wills and their deaths occur within a 120-hour window, their assets go straight to their relatives instead of bouncing from one estate to another. I see this as a practical measure to cut out unnecessary double administrative costs.
Key Takeaways
- This act determines inheritance for simultaneous or near-simultaneous deaths in certain states.
- Assets from people dying within 120 hours without wills pass to relatives, not between estates.
- It avoids double administrative expenses.
- Without it, you'd need two probates to transfer and distribute estates.
How the Uniform Simultaneous Death Act Works
The act first came into play in 1940 and has seen revisions since then. Most states have adopted it, but only 21 states plus the District of Columbia use the 1993 updated version, which includes provisions for people missing for at least five years—presumed dead if no body is found.
If someone dies without a will, they're intestate, and a probate court normally decides estate administration. But with this act, you avoid that hassle by clarifying inheritance rules for multiple deaths without wills.
Consider this scenario: a couple dies in a plane crash—one at the scene, the other a day later. The act kicks in, combining and distributing assets equally to both sets of relatives, rather than routing everything through one spouse's estate first.
Without the law, you'd face two probates to handle estate transfers before distribution. Probate is the process for administering a deceased person's will or intestate estate, and its costs can eat into inheritances, especially with spouses involved. This act directly reduces those probate-related expenses.
Special Considerations
You should know that a person's will might include language that overrides or eliminates this act's application. For instance, the 120-hour survival rule could be waived under various conditions. If a will, deed, trust, insurance policy, or similar document explicitly addresses simultaneous deaths or common incidents, those provisions take precedence. Say your will details asset distribution in case of simultaneous death with your spouse or within a specific timeframe—that would apply instead.
The 120-hour period can also be ignored if enforcing it leads to adverse effects, like unintended failures or duplications in asset disposition. Still, survival must be proven with clear and convincing evidence.
Uniform Simultaneous Death Act vs. Uniform Probate Code
While 21 states and D.C. have the Uniform Simultaneous Death Act, other states incorporate all or parts of the Uniform Probate Code. This code standardizes inheritance and estate handling for deceased individuals, covering intestacy, will probate, estate administration, nonprobate transfers, and more. It was first established in 1969 to bring uniformity to these processes.
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