Uniform Simultaneous Death Act

The Uniform Simultaneous Death Act is a model legal provision (adopted in most states, either alone or as part of the larger Uniform Probate Code) dealing with transfer of property when two people, named as each other's heirs in a will or other document, die either at the same time or within a short period of each other.

The Act provides that, unless a will or other legal document provides to the contrary, if two people who are each other's heir die within 120 hours of each other, each shall have presumed to predecease the other.

As an example, Adam and Connie are married. Each have a will providing that each other will be the primary heir, and if they die beforehand then their son Bob will inherit. Adam and Connie both die in a car accident; therefore Adam will be presumed to predecease Connie, Connie will be presumed to predecease Adam, and Bob will inherit from both wills.

There is no requirement that both parties die as a result of a common reason: if Connie dies in a car accident on her way to pick up Adam from the airport, and meanwhile Adam dies when the plane crashes short of the airport, the rule still applies.

The rule will NOT apply, however, if the end result is that the estate would escheat to the state.