Uniform Simultaneous Death Act Explained (2025): Key Benefits & How It Saves You Money

Julia Kagan is a financial and consumer journalist, formerly a senior editor for personal finance at Investopedia.

What Is the Uniform Simultaneous Death Act?

The Uniform Simultaneous Death Act (USDA) is a legal framework adopted by many U.S. states to streamline inheritance when two or more individuals die within a short time frame. Specifically, it applies when those individuals die within 120 hours (five days) of each other without leaving a will. Instead of transferring assets from one estate to another, the Act allows assets to pass directly to each deceased person’s heirs, reducing administrative burdens and legal costs.

Key Points to Remember

• The USDA determines inheritance when multiple people die nearly simultaneously.
• Assets of individuals who die within 120 hours without a will pass directly to their heirs.
• This process eliminates the need for multiple probate proceedings, cutting down on fees.
• Without the Act, estates would require separate probate processes, increasing time and cost.

How Does the Uniform Simultaneous Death Act Work?

First enacted in 1940 and updated in 1993, the USDA has been adopted by most states, with 21 states and the District of Columbia enacting the latest revisions. One notable update allows the law to apply when a person has been missing for at least five years and is presumed dead.

When someone dies intestate—without a valid will—the probate court typically manages estate distribution. The USDA simplifies this by clarifying inheritance rules when spouses or others die close together without wills.

For example, if a married couple dies in a tragic accident hours apart, the USDA treats their estates as if each spouse survived the other. Their assets are then divided equally among their heirs, rather than transferring assets from one spouse’s estate to the other’s, which would trigger additional probate proceedings.

This reduces probate costs significantly, preserving more of the inheritance for beneficiaries.

Important Considerations

The USDA’s 120-hour survival requirement can be waived if a will, trust, insurance policy, or other legal document specifies different instructions for simultaneous deaths. Such documents take precedence over the Act.

Additionally, the 120-hour rule may be ignored if applying it would cause unintended or unfair consequences, such as duplicated distributions. However, clear evidence of survival is still required to apply these exceptions.

Note

Always review estate planning documents carefully to understand how simultaneous death scenarios are handled.

Uniform Simultaneous Death Act vs. Uniform Probate Code

While many states follow the USDA, others use the Uniform Probate Code (UPC), introduced in 1969, to regulate inheritance and probate uniformly. The UPC addresses intestate succession, will probate, estate administration, and nonprobate transfers, offering a comprehensive legal framework for managing estates.

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