The Uniform Simultaneous Death Act is a uniform act
enacted in some U.S. states to alleviate the problem of simultaneous death in determining inheritance. The Act specifies
that, if two or more people die within 120 hours of one another, each is considered to have predeceased the others. When a
will or other document provides for this situation explicitly, the Act does not apply.
The Act was promulgated in 1940 and last amended in 1993.
As of 2007, 18 states and the District of Columbia have
explicitly adopted the Act in its current version. A number of other states have indirectly adopted the Act as part of the
Uniform Probate Code.
Inheritance
The Act primarily helps to determine the heirs of a person who has died intestate. For
example, Alice and Bob are a married, retired couple with no children or grandchildren. They die in a plane crash, and it cannot
be determined which person died first. Neither had executed a will, so both Alice's and Bob's families claim the couple's
inheritance. The court uses the Uniform Simultaneous Death Act to resolve the dispute. In accordance with the Act, Alice is
considered to have predeceased Bob, but Bob is also considered to have predeceased Alice. The inheritance is divided equally
among their closest living relatives, according to degree of kinship.
The 120-hour period is intended[citation needed] to simplify estate administration by
preventing an inheritance from being transferred more times than necessary. For example, assume that the Act does not exist.
Alice dies immediately, but Bob dies in hospital the next day. Because Bob outlives Alice, he would inherit her estate, and Bob's
heirs would inherit the combined estate the next day. This would increase the legal costs involved, and cause Alice's estate to
be taxed twice: once alone, and once as part of Bob's. Under the Act, neither inherits
the other's estate, and their heirs inherit both estates once.
Insurance
The Act may also help to resolve a life insurance case where the insured and
beneficiary die in a common disaster. Different rules apply for insurance. For example, Carol has
a life insurance policy through her employer. Her husband Dave is its beneficiary. They are
both killed in a car crash, dying at or near the same time. If Carol has named a secondary beneficiary in her policy, that person
will receive the life insurance benefit. If Carol has not named a secondary beneficiary, then it is assumed that she outlived
Dave, and the benefit is inherited through Carol's estate.
External links
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