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HomeProbate CodeDiv. 2Pt. 5Ch. 1§ 222 Simultaneous Death Rules

§ 222 Simultaneous Death Rules

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 222 Simultaneous Death Rules

This law says that if a will says you get something only if you outlive another person, you must prove you outlived them; if you can't prove it, you're treated as if you didn't outlive them. If several people could inherit depending on who outlived whom and no one can prove who survived whom, the property is split equally among all of them.

Key Takeaways

  • •Survival must be proven by clear and convincing evidence.
  • •If you can't prove you survived the other person, the law treats you as not having survived.
  • •When multiple heirs' shares depend on who survived whom and no survival can be proven, the estate is split equally among all heirs.

Example

A parent leaves a house to their son, but only if the son lives longer than the daughter; otherwise the daughter gets it. After the parent dies, there is no clear evidence about whether the son or daughter died first.

Because the law requires clear proof of who survived, and none is available, the court treats the son as if he didn't outlive the daughter, and also treats the daughter as if she didn't outlive the son. So the house is divided into two equal halves, one for each child.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 222 Simultaneous Death Rules

(a) If property is so disposed of that the right of a beneficiary to succeed to any interest in the property is conditional upon surviving another person and it cannot be established by clear and convincing evidence that the beneficiary survived the other person, the beneficiary is deemed not to have survived the other person. (b) If property is so disposed of that one of two or more beneficiaries would have been entitled to the property if he or she had survived the others, and it cannot be established by clear and convincing evidence that any beneficiary survived any other beneficiary, the property shall be divided into as many equal portions as there are beneficiaries and the portion of each beneficiary shall be administered or distributed, or otherwise dealt with, as if that beneficiary had survived the other beneficiaries. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

beneficiarysurvivedclear and convincing evidencepropertyequal portions

Related Statutes

  • § 223 Joint Tenant Death Order
  • § 1300 Appeals For Fiduciary Orders
  • § 1501 Minor Property Guardian Nomination
  • § 220 Simultaneous Death Rule
  • § 224 Simultaneous Death Rule

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 222.
View Official Source