Estates - Maryland Uniform Simultaneous Death Act

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0199*

HOUSE BILL 199
N2, D3 6lr0769
(PRE–FILED) CF 6lr0609
By: Delegate Crosby
Requested: September 4, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Estates – Maryland Uniform Simultaneous Death Act 2

FOR the purpose of conforming the Maryland Uniform Simultaneous Death Act to the 3
Uniform Simultaneous Death Act; providing that a surviving individual who does 4
not survive the death of another individual for a certain period of time is deemed to 5
have predeceased the other individual for purposes relating to the inheritance of 6
property; establishing evidentiary procedures for determining an individual’s death 7
or survival in certain circumstances; providing for liability under this Act in 8
connection with the distribution of disputed assets; and generally relating to the 9
Maryland Uniform Simultaneous Death Act. 10

BY renumbering 11
Article – Courts and Judicial Proceedings 12
Section 10–806 and 10–807 13
to be Section 10–808 and 10–809, respectively 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2025 Supplement) 16

BY repealing 17
Article – Courts and Judicial Proceedings 18
Section 10–801 through 10–805 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2025 Supplement) 21

BY adding to 22
Article – Courts and Judicial Proceedings 23
Section 10–801 through 10–807 24
Annotated Code of Maryland 25
(2020 Replacement Volume and 2025 Supplement) 26

2 HOUSE BILL 199

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That Section(s) 10 –806 and 10 –807 of Article – Courts and Judicial Proceedings of the 2
Annotated Code of Maryland be renumbered to be Section(s) 10 –808 and 10 –809, 3
respectively. 4

SECTION 2. AND BE IT FURT HER ENACTED, That the Laws of Maryland read 5
as follows: 6

Article – Courts and Judicial Proceedings 7

[10–801. 8

Where title to property or its devolution depends upon priority of death and there is 9
no sufficient evidence that the persons have died otherwise than simultaneously, the 10
property of each person shall be disposed of as if he had survived, except as provided 11
otherwise in this subtitle.] 12

[10–802. 13

Where two or more beneficiaries are designated to take successively because of 14
survivorship under anot her person’s disposition of property and there is not sufficient 15
evidence that these beneficiaries have died other than simultaneously, the property 16
disposed of shall be divided into as many equal portions as there are successive 17
beneficiaries, and these portions shall be distributed to those who would have taken in the 18
event that each designated beneficiary had survived.] 19

[10–803. 20

Where there is no sufficient evidence that two joint tenants or tenants by the entirety 21
have died other than simultaneously, the property held shall be distributed one half as if 22
one had survived and one half as if the other had survived. If there are more than two joint 23
tenants and all of them have so died, the property distributed shall be in the proportion 24
that one bears to the whole number of joint tenants.] 25

[10–804. 26

Where the insured and the beneficiary in a policy of life or accident insurance have 27
died and there is no sufficient evidence that they have died other than simultaneously, the 28
proceeds of the policy shall be distributed as if the insured had survived the beneficiary.] 29

[10–805. 30

This subtitle shall not apply in the case of wills, living trusts, deeds, or contracts of 31
insurance where provision has been made for distribution of property different from the 32
provisions of this subtitle.] 33

HOUSE BILL 199 3

10–801. 1

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3

(B) “CO–OWNER WITH RIGHT OF SURVIVORSHIP” INCLUDES: 4

(1) A JOINT TENANT; 5

(2) A TENANT BY THE ENTIRETY; AND 6

(3) A CO–OWNER OF PROPERTY OR AN ACCOUNT THAT ENTI TLES 7
REMAINING CO–OWNERS TO THE WHOLE OF THE PROPERTY OR A CCOUNT ON THE 8
DEATH OF ANOTHER. 9

(C) (1) “GOVERNING INSTRUMENT ” MEANS AN AGREEMENT C REATING 10
OR EXERCISING A POWER OF APPOINTMENT, POWER OF ATTORNEY, OR ANY SIMILAR 11
DISPOSITIVE, APPOINTIVE, OR NOMINATIVE ACTION. 12

(2) “GOVERNING INSTRUMENT” INCLUDES A DEED, A WILL, A TRUST, 13
AN INSURANCE OR ANNU ITY POLICY , AN ACCOUNT WITH A PA YABLE–ON–DEATH 14
DESIGNATION, A PENSION , OR A PROFIT –SHARING, RETIREMENT, OR SIMI LAR 15
BENEFIT PLAN. 16

(D) (1) “PAYOR” MEANS A PERSON WHO I S AUTHORIZED OR OBLI GATED 17
BY LAW OR OTHER GOVERNING INSTRUMENT TO MAKE PAYMENTS. 18

(2) “PAYOR” INCLUDES: 19

(I) A TRUSTEE; 20

(II) AN INSURER; 21

(III) A BUSINESS ENTITY; 22

(IV) AN EMPLOYER; AND 23

(V) A GOVERNMENT OR A GOVERNMENT AGENCY, SUBDIVISION, 24
OR INSTRUMENTALITY. 25

10–802. 26

4 HOUSE BILL 199

(A) THIS SECTION DOES NOT APPLY IF APPLICATION WILL RESULT IN 1
ESCHEAT TO THE STATE UNDER § 3–105 OF THE ESTATES AND TRUSTS ARTICLE. 2

(B) EXCEPT AS PROVIDED IN § 10–806 OF THIS SUBTITLE, IF THE TITLE TO 3
PROPERTY, THE DEVOLUTION OF PROPERTY, THE RIGHT TO ELECT AN INTEREST IN 4
PROPERTY, OR THE RIGHT TO EXEM PT PROPERTY , HOMESTEAD, OR FAMILY 5
ALLOWANCE DEPENDS ON AN INDIVIDUAL ’S SURVIVORSHIP OF TH E DEATH OF 6
ANOTHER INDIVIDUAL, AN INDIVIDUAL WHO IS NOT ESTABLISHED BY C LEAR AND 7
CONVINCING EVIDENCE TO HAVE SURVIVED THE OTHER INDIVIDUAL BY AT LEAST 8
120 HOURS IS DEEMED TO HAVE PREDECEASED THE OTHER INDIVIDUAL. 9

10–803. 10

EXCEPT AS PROVIDED IN § 10–806 OF THIS SUBTITLE , FOR PURPOSES OF A 11
PROVISION OF A GOVER NING INSTRUMENT THAT RELATES TO AN INDIVI DUAL 12
SURVIVING AN EVENT , INCLUDING THE DEATH OF ANOTHER INDIVIDUA L, AN 13
INDIVIDUAL WHO IS NO T ESTABLISHED BY CLE AR AND CONVINCING EVIDENCE TO 14
HAVE SURVIVED THE EV ENT BY AT LEAST 120 HOURS IS DEEMED TO H AVE 15
PREDECEASED THE EVENT. 16

10–804. 17

(A) EXCEPT AS PROVIDED IN § 10–806 OF THIS SUBTITLE , IF IT IS NOT 18
ESTABLISHED BY CLEAR AND CONVINCING EVIDE NCE THAT ONE OF TWO 19
CO–OWNERS WITH RI GHT OF SURVIVORSHIP SURVIVED THE OTHER C O–OWNER BY 20
AT LEAST 120 HOURS: 21

(1) ONE–HALF OF THE PROPERTY SHALL PASS AS IF ONE CO–OWNER 22
HAD SURVIVED BY AT LEAST 120 HOURS; AND 23

(2) ONE–HALF OF THE PROPERTY SHALL PASS AS IF THE OTHER 24
CO–OWNER HAD SURVIVED BY AT LEAST 120 HOURS. 25

(B) EXCEPT AS PROVIDED IN § 10–806 OF THIS SUBTITLE , IF THERE ARE 26
MORE THAN TWO CO –OWNERS WITH RIGHT OF SURVIVORSHIP AND IT IS NOT 27
ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE THAT AT LEAST ON E OF THE 28
CO–OWNERS SURVIVED THE OTHERS B Y AT LEAST 120 HOURS, THE PROPERTY 29
PASSES IN THE PROPOR TION THAT ONE BEARS TO THE WHOLE NUMBER OF 30
CO–OWNERS. 31

10–805. 32

(A) THIS SECTION APPLIES IN ADDITION TO THE RULES OF EVIDENCE. 33
HOUSE BILL 199 5

(B) DEATH OCCURS WHEN AN INDIVIDUAL IS DETERMINED TO BE DEAD IN 1
ACCORDANCE WITH TITLE 5, SUBTITLE 2 OF THE HEALTH – GENERAL ARTICLE. 2

(C) (1) A CERTIFIED OR AUTHENT ICATED COPY OF A DEA TH 3
CERTIFICATE ISSUED IN ACCORDANCE WITH § 4–212 OF THE HEALTH – GENERAL 4
ARTICLE IS PRIMA FACI E EVIDENCE OF THE FA CT, PLACE, DATE, AND TIME O F 5
DEATH AND THE IDENTITY OF THE DECEDENT. 6

(2) A CERTIFIED OR AUTHENT ICATED COPY OF ANY R ECORD OR 7
REPORT BY A FOREIGN OR DOMESTIC GOVERNMENT AGENCY THAT AN IN DIVIDUAL 8
IS ALIVE, MISSING, DETAINED, OR DEAD IS PRIMA FACIE EVIDENCE OF THE STATUS, 9
DATES, CIRCUMSTANCES, AND PLACES DISCLOSED BY THE RECORD OR REPORT. 10

(3) IN THE ABSENCE OF EVI DENCE DISPUTING THE TIME OF DEATH 11
STATED ON A DOCUMENT DESCRIBED IN PARAGRA PH (1) OR (2) OF THIS 12
SUBSECTION, A DOCUMENT THAT STAT ES A TIME OF DEATH A T LEAST 120 HOURS 13
AFTER THE TIME OF DEATH OF ANOTHER INDIVIDUA L, REGARDLESS OF HOW TH E 14
TIME OF DEATH OF THE OTHER INDIVIDUAL IS DETERMINED, ESTABLISHES BY 15
CLEAR AND CONVINCING EVIDENCE THAT THE IN DIVIDUAL DESCRIBED S URVIVED 16
THE OTHER INDIVIDUAL BY 120 HOURS. 17

(D) IN THE ABSENCE OF PRIMA FAC IE EVIDENCE OF DEATH UNDER 18
SUBSECTION (C) OF THIS SECTION , THE FACT OF DEATH MA Y BE ESTABLISHED BY 19
CLEAR AND CONVINCING EVIDENCE, INCLUDING CIRCUMSTANTIAL EVIDENCE. 20

(E) (1) AN INDIVIDUAL WHOSE D EATH IS NOT ESTABLIS HED UNDER 21
SUBSECTION (C) OR (D) OF THIS SECTION IS PRESUMED TO BE DEAD WHEN: 22

(I) THE INDIVIDUAL HAS BE EN ENTIRELY ABSENT F OR A 23
PERIOD OF 5 CONTINUOUS YEARS; AND 24

(II) AFTER A DILIGENT SEARCH OR INQUIRY, THE INDIVIDUAL’S 25
ABSENCE HAS NOT BEEN SATISFACTORILY EXPLAINED. 26

(2) IN THE ABSENCE OF SUF FICIENT EVIDENCE TO DETERMINE AN 27
INDIVIDUAL’S DEATH OCCURRED EAR LIER, AN INDIVIDUAL ’S DEATH PRESUMED 28
UNDER THIS SECTION I S PRESUMED TO HAVE O CCURRED AT THE END O F THE 29
5–YEAR PERIOD. 30

10–806. 31

6 HOUSE BILL 199

IF THE TITLE TO PROPERTY, THE DEVOLUTION OF PROPERTY, THE RIGHT TO 1
ELECT AN INTEREST IN PROPERTY, OR THE RIGHT TO EXEM PT PROPERTY , 2
HOMESTEAD, OR FAMILY ALLOWANCE DEPENDS ON AN INDIVI DUAL SURVIVING AN 3
EVENT, INCLUDING THE DEATH OF ANOTHER INDIVIDUA L, AN INDIVIDUAL IS NOT 4
REQUIRED TO HAVE SURVIVED THE OTHER INDIVIDUAL BY AT LEAST 120 HOURS IF: 5

(1) THE GOVERNING INSTRUM ENT CONTAINS APPLICA BLE 6
LANGUAGE DEALING EXP LICITLY WITH SIMULTA NEOUS DEATHS OR DEAT HS IN A 7
COMMON DISASTER; 8

(2) THE GOVERNING INSTRUMENT EXPRESSLY INDICATES THAT THE 9
INDIVIDUAL IS NOT REQUIRED TO SURVIVE THE EVENT, INCLUDING THE DEATH OF 10
ANOTHER INDIVIDUAL , BY ANY SPECIFIED PER IOD PROVIDED THAT IT IS 11
ESTABLISHED BY CLEAR AND CONVINCING EVIDE NCE THAT THE INDIVID UAL 12
SURVIVED THE EVENT; 13

(3) THE GOVERNING INSTRUM ENT EXP RESSLY REQUIRES THE 14
INDIVIDUAL TO HAVE SURVIVED THE EVENT FOR A SPECIFIED PERIOD OTHER THAN 15
AT LEAST 120 HOURS; 16

(4) THE APPLICATION OF A 120–HOUR REQUIREMENT OF SURVIVAL 17
WOULD CAUSE A NONVESTED PROPERTY INTEREST OR POWER OF APPOINTMENT TO 18
BE INVALID UND ER THE COMMON –LAW RULE AGAINST PER PETUITIES, UNLESS AN 19
EXCEPTION UNDER § 11–102 OF THE ESTATES AND TRUSTS ARTICLE APPLIES; OR 20

(5) THE APPLICATION OF A 120–HOUR REQUIREMENT OF SURVIVAL 21
TO MULTIPLE GOVERNIN G INSTRUMENTS WOULD RESULT IN AN UNINTEN DED 22
FAILURE OR DUPLICATION OF A DISPOSITION, PROVIDED THAT IT IS ESTABLISHED 23
BY CLEAR AND CONVINC ING EVIDENCE THAT TH E INDIVIDUAL SURVIVE D THE 24
EVENT. 25

10–807. 26

(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 27
PAYOR OR OTHER THIRD PARTY IS NOT LIAB LE FOR HAVING MADE A PAYMENT, 28
TRANSFERRED AN ITEM OF PROPERTY , CONFERRED A BENEFIT , OR TAKEN ANY 29
OTHER ACTION IN GOOD FAITH RELIANCE ON AN INDIVIDUAL’S APPARENT 30
ENTITLEMENT UNDER THE TERMS OF A GOVERNING INSTRUMENT. 31

(2) A PAYOR OR THIRD PARTY IS LIABLE FOR PAYMENT MADE OR 32
OTHER ACTION TAKEN A FTER THE PAYOR OR TH IRD PARTY RECEIVED W RITTEN 33
NOTICE OF A CLAIMED LACK OF ENTITLEMENT IN ACCORDANCE WITH SUBSECTION 34
(B) OF THIS SECTION. 35
HOUSE BILL 199 7

(B) A WRITTEN NOTICE OF A CLAIMED LACK OF ENTITLEMENT SHALL BE: 1

(1) SENT BY REGISTERED OR CERTIFIED MAIL, INCLUDING PROOF OF 2
DELIVERY, TO A PAYOR’S OR THIRD PARTY’S HOME OR WORK ADDRESS; OR 3

(2) SERVED ON THE PAYOR O R THIRD PARTY IN THE SAME MANNER 4
AS A SUMMONS IN A CIVIL ACTION. 5

(C) (1) ON RECEIPT OF NOTICE IN ACCORDANCE W ITH SUBSECTION (B) 6
OF THIS SECTION, A PAYOR OR THIRD PARTY MAY: 7

(I) IF PROBATE PROCEEDING S HAVE COMMENCED , PAY ANY 8
AMOUNT OWED OR TRANS FER OR DEPOSIT ANY I TEM OF PROPERTY HELD BY THE 9
PAYOR OR THIRD PARTY TO OR WITH THE COURT HAVING JURISDICTION OF THE 10
PROBATE PROCEEDINGS RELATED TO THE DECEDENT’S ESTATE; OR 11

(II) IF NO PROBATE PROCEED INGS HAVE BEEN COMME NCED, 12
PAY ANY AMOUNT OWED OR TRANSFER OR DEPOSIT ANY ITEM OF PROPE RTY HELD 13
BY THE PAYOR OR THIRD PARTY TO OR WITH THE COURT HAVING JURISDICTION OF 14
PROBATE PROCEEDINGS RE LATING TO DECEDENTS ’ ESTATES LOCATED IN T HE 15
COUNTY OF THE DECEDENT’S RESIDENCE. 16

(2) A COURT THAT HOLDS PRO PERTY IN ACCORDANCE WITH THIS 17
SUBSECTION SHALL ORD ER DISBURSEMENT IN A CCORDANCE WITH A 18
DETERMINATION MADE UNDER THIS SUBTITLE. 19

(D) IF A PAYOR OR THIRD PARTY DISTRIBUTES ASSETS BASED ON APPARENT 20
ENTITLEMENT: 21

(1) THE RECIPIENT IS NOT LIABLE FOR OR OBLIGATED TO RETURN: 22

(I) PROPERTY PURCHASED FO R VALUE , UNLESS THE 23
PURCHASER HAD NOTICE OF A DISPUTE REGARDI NG ENTITLEMENT TO TH E 24
PROPERTY; OR 25

(II) A PAYMENT, AN ITEM OF PROPERTY , OR A BENEFIT 26
RECEIVED IN PARTIAL OR FULL OBLIGATION O F A LEGALLY ENFORCEA BLE 27
OBLIGATION; AND 28

(2) THE RECIPIENT IS OBLI GATED TO RETURN OR I S PERSONALLY 29
LIABLE FOR THE COST OF A PAYMENT, AN ITEM OF PROPERTY, OR A BENEFIT THAT 30
WAS DISTRIBUTED: 31
8 HOUSE BILL 199

(I) NOT–FOR–VALUE; OR 1

(II) UNDER A PROVISION THA T IS PREEMPTED BY FE DERAL 2
LAW. 3

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2026. 5