§ 220 Simultaneous Death Rule

This law says that when two people die together and we can't tell who died first, each person's property is handled as if that person had outlived the other.

Key Takeaways

•If the order of death can't be proven, each person's property is dealt with as if they survived the other.
•This only matters for property that depends on who died first.
•No extra proof is needed; the law automatically applies.

Example

A husband and wife are killed in a car crash and it's impossible to know who died first.

Because we can't prove who survived longer, each spouse's estate is treated as if that spouse had survived the other, so each estate gets the full share of any property that would go to the surviving spouse.

Except as otherwise provided in this chapter, if the title to property or the devolution of property depends upon priority of death and it cannot be established by clear and convincing evidence that one of the persons survived the other, the property of each person shall be administered or distributed, or otherwise dealt with, as if that person had survived the other. (Enacted by Stats. 1990, Ch. 79.)

This law says that when two people die together and we can't tell who died first, each person's property is handled as if that person had outlived the other.

Key Takeaways

•If the order of death can't be proven, each person's property is dealt with as if they survived the other.
•This only matters for property that depends on who died first.
•No extra proof is needed; the law automatically applies.

Example

A husband and wife are killed in a car crash and it's impossible to know who died first.

Key Takeaways

Example

Key Terms

References

§ 220 Simultaneous Death Rule

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References