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Pennsylvania Simultaneous Death Rules November 26, 2024

When spouses die simultaneously:

Although it is unimaginable, occurrences where husband and wife die at the same time not only occur, but the law provides for certain considerations. Such estate probates of a husband and wife who were killed instantly in an accident whether by plane, train, or automobile, trigger consideration of the principle  of simultaneous death. With wise planning, a couple can avoid undesirable legal consequences caused by their simultaneous death.

In Pennsylvania, there are the following statues, assisting in such questions:

2023 Pennsylvania Consolidated & Unconsolidated Statutes

Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

Chapter 85 - Simultaneous Death

Section 8501 - No sufficient evidence of survivorship

Section 8502 - Beneficiaries of another person's disposition of property

Section 8503 - Joint tenants or tenants by the entirety

Section 8504 - Insurance policies

Section 8505 - Chapter does not apply if decedent provides otherwise

Well-drafted estate documents will have a provision that specifically says what happens if the couple dies at the same time. If the dispositive document states what happens, whether in a Will or Trust, then that provision governs. But if there is no governing document or if the governing document is silent on the issue, then what happens is based on the law set out in that state governing the estate and the related documents.

The Simultaneous Death Law also addresses a circumstance where a spouse owns an asset individually and both die together. An example might be a wife who owns an IRA and names her husband as beneficiary. If both die together, the statute provides that the owner, i.e. the wife, survived the husband. As a result, the IRA will not go to the husband but will go to whoever is next in line in the beneficiary designations.

Finally, Simultaneous Death Law also addresses a circumstance where a life insurance policy on one spouse names the other spouse as beneficiary and where both die together. In that scenario, the statute provides that the owner, e.g. the husband, survived the wife. As a result, the life insurance death benefits will not go to the wife but will go to whoever is next in line in the beneficiary designations.

Problems Created by Simultaneous Deaths and Probate Cases

Probate can be a lengthy, expensive, and a public process that most people prefer to avoid. When you are forced to duplicate that process for related parties who died simultaneously, it can be needlessly expensive, time-consuming, and complicated. When the estates of multiple individuals must go through the probate process following simultaneous or nearly simultaneous deaths, there may be additional costs, delays, and red tape.

Consider the following: that  the titles of all the couple’s property were in only the wife’s name. If both spouses’ wills named the other spouse as the sole beneficiary of their respective property and their children as contingent beneficiaries, absent a survivorship requirement in the wills, the law would normally require separate probate cases to administer the spouses’ estates. First, the wife’s will would direct the transfer of all the property to the husband’s estate because he survived her by a few hours; then the husband’s will would direct the transfer of all the property to the children.

Also, probate is the court process that appoints an executor, also known as a “personal representative,” and grants that person the right to collect a deceased person’s accounts and property, sell the property, if necessary, pay off the decedent’s debts, and eventually distribute any remaining property to the decedent’s heirs.

Available Solutions

In most states have default laws to address these common issues, including the Uniform Simultaneous Death Act and various versions of the Uniform Probate Code. Generally speaking, these laws establish a rule that when two individuals die within 120 hours of each other, each individual will be treated as having predeceased the other. Thus, if a husband and wife die at the same time or within 120 hours of each other, and the husband’s will distributes 100 percent of his property to his wife at his death, the wife is treated as having predeceased her husband, allowing his estate to pass to the individuals or organizations named in his will as contingent or remainder beneficiaries instead of to the estate of his deceased wife. This statutory requirement helps eliminate the need for separate probate of the wife’s estate only for it to receive the husband’s property and then pass it to the children through her estate, though multiple probates might still be needed, however, if the wife had separate property that did not pass by right of survivorship or beneficiary designation.

Most, if not all, state simultaneous-death laws make exceptions to the default rule if the deceased individual’s will or trust contains a simultaneous-death provision. A will or trust can be drafted to lengthen the survivorship requirement to as much time as you consider appropriate, such as 30 days, 90 days, 120 days, etc. You can also specify which spouse should be considered to have predeceased the other in a simultaneous-death situation. In the estate tax example described above, it could be useful to include a provision in both spouses’ estate planning documents stating that the wife should be presumed to have predeceased the husband in the event of simultaneous death to ensure that the estates of both spouses are administered to result in the greatest possible tax savings.

Reviewing Your Estate Plan

If you are unsure what would happen to your accounts and property if you and your spouse were to die simultaneously or within a short time of one another, start by carefully reading your will or trust documents. You may be surprised to learn that one spouse will be presumed to have predeceased the other. If such a presumption is unwarranted, speak with your estate planning attorney to determine why that provision was included and whether the reason is tax related or something else. If there is no survivorship or simultaneous-death provision in your estate planning documents, consider what your state law requires in such a circumstance. If it is still not clear how simultaneous deaths might impact your estate planning, get further advise to gain a better understanding of what would happen in a simultaneous-death situation and whether you and your spouse approve of the result.