Estates - Maryland Uniform Simultaneous Death Act

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0596*

HOUSE BILL 596
N2, D3 6lr2640
CF SB 250
By: Delegates Nkongolo, Behler, Chisholm, Griffith, and Odom
Introduced and read first time: January 28, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 7, 2026

CHAPTER ______

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 t o 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 rela ting 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
2 HOUSE BILL 596

Article – Courts and Judicial Proceedings 1
Section 10–801 through 10–807 2
Annotated Code of Maryland 3
(2020 Replacement Volume and 2025 Supplement) 4

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That Section(s) 10 –806 and 10 –807 of Article – Courts and Judicial Proceedings of the 6
Annotated Code of Maryland be re numbered to be Section(s) 10 –808 and 10 –809, 7
respectively. 8

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 9
as follows: 10

Article – Courts and Judicial Proceedings 11

[10–801. 12

Where title to property or its devolution depends upon priority of death and there is 13
no sufficient evidence that the persons have died otherwise than simultaneously, the 14
property of each person shall be disposed of as if he had survived, except as provided 15
otherwise in this subtitle.] 16

[10–802. 17

Where two or more beneficiaries are designated to take successively because of 18
survivorship under another person’s disposition of property and there is not sufficient 19
evidence that these beneficiaries have died other than simultaneously, the property 20
disposed of shall be divided into as many equal portions as there are successive 21
beneficiaries, and these portions shall be distributed to those who would have taken in the 22
event that each designated beneficiary had survived.] 23

[10–803. 24

Where there is no sufficient evidence that two joint tenants or tenants by the entirety 25
have died other than simultaneously, the property held shall be distributed one half as if 26
one had survived and one half as if the other had survived. If there are more than two joint 27
tenants and all of them have so died, the property distributed shall be in the proportion 28
that one bears to the whole number of joint tenants.] 29

[10–804. 30

Where the insured and the beneficiary in a policy of life or accident insurance have 31
died and there is no sufficient evidence that they have died other than simultaneously, the 32
proceeds of the policy shall be distributed as if the insured had survived the beneficiary.] 33

[10–805. 34
HOUSE BILL 596 3

This subtitle shall not apply in the case of wills, living trusts, deeds, or contracts of 1
insurance where provision has been made for distribution of property different from the 2
provisions of this subtitle.] 3

10–801. 4

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6

(B) “CO–OWNER WITH RIGHT OF SURVIVORSHIP” INCLUDES: 7

(1) A JOINT TENANT; 8

(2) A TENANT BY THE ENTIRETY; AND 9

(3) A CO–OWNER OF PROPERTY OR AN ACCOUNT THAT ENTI TLES 10
REMAINING CO–OWNERS TO THE WHOLE OF THE PROPERTY OR A CCOUNT ON THE 11
DEATH OF ANOTHER. 12

(C) (1) “GOVERNING INSTRUMENT” MEANS A DISPOSITIVE, APPOINTIVE, 13
OR NOMINATIVE INSTRUMENT OF ANY TYPE. 14

(2) “GOVERNING INSTRUMENT” INCLUDES: 15

(I) AN ACCOUNT WITH A PAYABLE–ON–DEATH DESIGNATION; 16

(II) A DEED; 17

(III) AN INSURANCE OR ANNUITY POLICY; 18

(IV) A POWER OF ATTORNEY; 19

(V) A PENSION, OR A PROFIT –SHARING, RETIREMENT, OR 20
SIMILAR BENEFIT PLAN; 21

(VI) A TRUST; 22

(VII) A WILL; AND 23

(VIII) AN INSTRUMENT CREATIN G OR EXERCISING A PO WER OF 24
APPOINTMENT. 25

(D) (1) “PAYOR” MEANS A PERSON WHO I S AUTHORIZED OR OBLI GATED 26
4 HOUSE BILL 596

BY LAW OR OTHER GOVERNING INSTRUMENT TO MAKE PAYMENTS. 1

(2) “PAYOR” INCLUDES: 2

(I) A TRUSTEE; 3

(II) AN INSURER; 4

(III) A BUSINESS ENTITY; 5

(IV) AN EMPLOYER; AND 6

(V) A GOVERNMENT OR A GOVERNMENT AGENCY, SUBDIVISION, 7
OR INSTRUMENTALITY. 8

10–802. 9

(A) THIS SECTION DOES NOT APP LY IF APPLICATION WI LL RESULT IN 10
ESCHEAT TO THE STATE UNDER § 3–105 OF THE ESTATES AND TRUSTS ARTICLE. 11

(B) EXCEPT AS PROVIDED IN § 10–806 OF THIS SUBTITLE, IF THE TITLE TO 12
PROPERTY, THE DEVOLUTION OF PROPERTY, THE RIGHT TO ELECT AN INTEREST IN 13
PROPERTY, OR THE RIGHT TO EXEM PT PROPERTY , HOMESTEAD, OR FAMILY 14
ALLOWANCE DEPENDS ON AN INDIVIDUAL ’S SURVIVORSHIP OF TH E DEATH OF 15
ANOTHER INDIVIDUAL, AN INDIVIDUAL WHO IS NOT ESTABLISHED BY C LEAR AND 16
CONVINCING EVIDENCE TO HAVE SURVIVED THE OTHER INDIVIDUAL BY AT LEA ST 17
120 HOURS IS DEEMED TO HAVE PREDECEASED THE OTHER INDIVIDUAL. 18

10–803. 19

EXCEPT AS PROVIDED IN § 10–806 OF THIS SUBTITLE , FOR PURPOSES OF A 20
PROVISION OF A GOVER NING INSTRUMENT THAT RELATES TO AN INDIVI DUAL 21
SURVIVING AN EVENT , INCLUDING THE DEATH OF ANOTHER INDIVIDUA L, AN 22
INDIVIDUAL WHO IS NO T ESTABLISHED BY CLE AR AND CONVINCING EV IDENCE TO 23
HAVE SURVIVED THE EV ENT BY AT LEAST 120 HOURS IS DEEMED TO H AVE 24
PREDECEASED THE EVENT. 25

10–804. 26

(A) EXCEPT AS PROVIDED IN § 10–806 OF THIS SUBTITLE, IF IT IS NOT 27
ESTABLISHED BY CLEAR AND CONVINCING EVIDE NCE THAT ONE OF TWO 28
CO–OWNERS WITH RIGHT OF SURVIVORSHIP SURVIVED THE OTHER CO –OWNER BY 29
AT LEAST 120 HOURS: 30
HOUSE BILL 596 5

(1) ONE–HALF OF THE PROPERTY SHALL PASS AS IF ONE CO–OWNER 1
HAD SURVIVED BY AT LEAST 120 HOURS; AND 2

(2) ONE–HALF OF THE PROPERTY SHALL PASS AS IF THE OTHER 3
CO–OWNER HAD SURVIVED BY AT LEAST 120 HOURS. 4

(B) EXCEPT AS PROVIDED IN § 10–806 OF THIS SUBTITLE , IF THERE ARE 5
MORE THAN TWO CO –OWNERS WITH RIGHT OF SURVIVORSHIP AND IT IS NO T 6
ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE THAT AT LEAST ON E OF THE 7
CO–OWNERS SURVIVED THE OTHERS BY AT LEAST 120 HOURS, THE PROPERTY 8
PASSES IN THE PROPOR TION THAT ONE BEARS TO THE WHOLE NUMBER OF 9
CO–OWNERS. 10

10–805. 11

(A) THIS SECTION APPLIES IN ADDITION TO THE RULES OF EVIDENCE. 12

(B) DEATH OCCURS WHEN AN INDIVIDUAL IS DETERMINED TO BE DEAD IN 13
ACCORDANCE WITH TITLE 5, SUBTITLE 2 OF THE HEALTH – GENERAL ARTICLE. 14

(C) (1) A CERTIFIED OR AUTHENT ICATED COPY OF A DEA TH 15
CERTIFICATE ISSUED IN ACCORDANCE WI TH § 4–212 OF THE HEALTH – GENERAL 16
ARTICLE IS PRIMA FACI E EVIDENCE OF THE FA CT, PLACE, DATE, AND TIME OF 17
DEATH AND THE IDENTITY OF THE DECEDENT. 18

(2) A CERTIFIED OR AUTHENT ICATED COPY OF ANY R ECORD OR 19
REPORT BY A FOREIGN OR DOMESTIC GOVERNMENT AGENCY THAT AN INDIVIDUAL 20
IS ALIVE, MISSING, DETAINED, OR DEAD IS PRIMA FACIE EVIDENCE OF THE STATUS, 21
DATES, CIRCUMSTANCES, AND PLACES DISCLOSED BY THE RECORD OR REPORT. 22

(3) IN THE ABSENCE OF EVI DENCE DISPUTING THE TIME OF DEATH 23
STATED ON A DOCUMENT DESCRIBED IN PARAGRAPH (1) OR (2) OF THIS 24
SUBSECTION, A DOCUMENT THAT STAT ES A TIME OF DEATH A T LEAST 120 HOURS 25
AFTER THE TIME OF DE ATH OF ANOTHER INDIV IDUAL, REGARDLESS OF HOW TH E 26
TIME OF DEATH OF THE OTHER INDIVIDUAL IS DETERMINED, ESTABLISHES BY 27
CLEAR AND CONVINC ING EVIDENCE THAT TH E INDIVIDUAL DESCRIB ED SURVIVED 28
THE OTHER INDIVIDUAL BY 120 HOURS. 29

(D) IN THE ABSENCE OF PRI MA FACIE EVIDENCE OF DEATH UNDER 30
SUBSECTION (C) OF THIS SECTION , THE FACT OF DEATH MA Y BE ESTABLISHED BY 31
CLEAR AND CONVINCING EVIDENCE, INCLUDING CIRCUMSTANTIAL EVIDENCE. 32

6 HOUSE BILL 596

(E) (1) AN INDIVIDUAL WHOSE D EATH IS NOT ESTABLIS HED UNDER 1
SUBSECTION (C) OR (D) OF THIS SECTION IS PRESUMED TO BE DEAD WHEN: 2

(I) THE INDIVIDUAL HAS BE EN ENTIRELY ABSENT F OR A 3
PERIOD OF 5 CONTINUOUS YEARS; AND 4

(II) AFTER A DILIGENT SEARCH OR INQUIRY, THE INDIVIDUAL’S 5
ABSENCE HAS NOT BEEN SATISFACTORILY EXPLAINED. 6

(2) IN THE ABSENCE OF SUF FICIENT EVIDENCE TO DETERMINE AN 7
INDIVIDUAL’S DEATH OCCURRED EAR LIER, AN INDIVIDUAL ’S DEATH PRESUMED 8
UNDER THIS SECTION I S PRESUME D TO HAVE OCCURRED A T THE END OF THE 9
5–YEAR PERIOD. 10

10–806. 11

IF THE TITLE TO PROPERTY, THE DEVOLUTION OF PROPERTY, THE RIGHT TO 12
ELECT AN INTEREST IN PROPERTY, OR THE RIGHT TO EXEM PT PROPERTY , 13
HOMESTEAD, OR FAMILY ALLOWANCE DEPENDS ON AN INDIVI DUAL SURVIVING AN 14
EVENT, INCLUDING THE DEATH OF ANOTHER INDIVIDUA L, AN INDIVIDUAL IS NOT 15
REQUIRED TO HAVE SURVIVED THE OTHER INDIVIDUAL BY AT LEAST 120 HOURS IF: 16

(1) THE GOVERNING INSTRUM ENT CONTAINS APPLICA BLE 17
LANGUAGE DEALING EXP LICITLY WITH SIMULTA NEOUS DEATHS OR DEATHS IN A 18
COMMON DISASTER; 19

(2) THE GOVERNING INSTRUMENT EXPRESSLY INDICATES THAT THE 20
INDIVIDUAL IS NOT REQUIRED TO SURVIVE THE EVENT, INCLUDING THE DEATH OF 21
ANOTHER INDIVIDUAL , BY ANY SPECIFIED PER IOD PROVIDED THAT IT IS 22
ESTABLISHED BY CLEAR AND C ONVINCING EVIDENCE T HAT THE INDIVIDUAL 23
SURVIVED THE EVENT; 24

(3) THE GOVERNING INSTRUM ENT EXPRESSLY REQUIR ES THE 25
INDIVIDUAL TO HAVE SURVIVED THE EVENT FOR A SPECIFIED PERIOD OTHER THAN 26
AT LEAST 120 HOURS; 27

(4) THE APPLICATION OF A 120–HOUR REQUIREMENT O F SURVIVAL 28
WOULD CAUSE A NONVESTED PROPERTY INTEREST OR POWER OF APPOINTMENT TO 29
BE INVALID UNDER THE COMMON–LAW RULE AGAINST PER PETUITIES, UNLESS AN 30
EXCEPTION UNDER § 11–102 OF THE ESTATES AND TRUSTS ARTICLE APPLIES , 31
PROVIDED THAT IT IS ESTABLISHED BY CLEA R AND CONVINCING EVI DENCE THAT 32
THE INDIVIDUAL SURVIVED THE EVENT; OR 33

HOUSE BILL 596 7

(5) THE APPLICATION OF A 120–HOUR REQUIREMENT OF SURVIVAL 1
TO MULTIPLE GOVERNIN G INSTRUMENTS WOULD RESULT IN AN UNINTEN DED 2
FAILURE OR DUPLICATION OF A DISPOSITION, PROVIDED THAT IT IS ESTABLISHED 3
BY CLEAR AND CONVINC ING EVIDENCE THAT TH E INDIVIDUAL SURVIVE D THE 4
EVENT. 5

10–807. 6

(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 7
PAYOR OR OTHER THIRD PARTY IS NOT LIABLE FOR HAVING MADE A PA YMENT, 8
TRANSFERRED AN ITEM OF PRO PERTY, CONFERRED A BENEFIT , OR TAKEN ANY 9
OTHER ACTION IN GOOD FAITH RELIANCE ON AN INDIVIDUAL’S APPARENT 10
ENTITLEMENT UNDER THE TERMS OF A GOVERNING INSTRUMENT. 11

(2) A PAYOR OR THIRD PARTY IS LIABLE FOR PAYMEN T MADE OR 12
OTHER ACTION TAKEN A FTER THE PAYOR O R THIRD PARTY RECEIV ED WRITTEN 13
NOTICE OF A CLAIMED LACK OF ENTITLEMENT IN ACCORDANCE WITH SUBSECTION 14
(B) OF THIS SECTION. 15

(B) A WRITTEN NOTICE OF A CLAIMED LACK OF ENTITLEMENT SHALL BE: 16

(1) SENT BY REGISTERED OR CERTIFIED MAIL, INCLUDING PROOF OF 17
DELIVERY, TO A PAYOR’S OR THIRD PARTY’S HOME OR WORK ADDRESS; OR 18

(2) SERVED ON THE PAYOR O R THIRD PARTY IN THE SAME MANNER 19
AS A SUMMONS IN A CIVIL ACTION. 20

(C) (1) ON RECEIPT OF NOTICE IN ACCORDANCE WITH S UBSECTION (B) 21
OF THIS SECTION, A PAYOR OR THIRD PARTY MAY: 22

(I) IF PROBATE PROCEEDING S HAVE COMMENCED , PAY ANY 23
AMOUNT OWED OR TRANS FER OR DEPOSIT ANY I TEM OF PROPERTY HELD BY THE 24
PAYOR OR THIRD PARTY TO OR WITH THE COURT HAVING JURISDICTION OF THE 25
PROBATE PROCEEDINGS RELATED TO THE DECEDENT’S ESTATE; OR 26

(II) IF NO PROBATE PROCEED INGS HAVE BEEN COMME NCED, 27
PAY ANY AMOUNT OWED OR TRANSFER OR DEPOSIT ANY ITEM OF PROPE RTY HELD 28
BY THE PAYOR OR THIRD PARTY TO OR WITH THE COURT HAVING JURISDICTION OF 29
PROBATE PROCEEDINGS RELATING TO DECEDENT S’ ESTATES LOCATED IN THE 30
COUNTY OF THE DECEDENT’S RESIDENCE. 31

(2) A COURT THAT HOLDS PRO PERTY IN ACCORDANCE WITH THIS 32
SUBSECTION SHALL ORD ER DISBURSEMENT IN A CCORDANCE WITH A 33
8 HOUSE BILL 596

DETERMINATION MADE UNDER THIS SUBTITLE. 1

(D) IF A PAYOR OR THIRD PARTY DISTRIBUTES ASSETS BASED ON APPARENT 2
ENTITLEMENT: 3

(1) THE RECIPIENT IS NOT LIABLE FOR OR OBLIGATED TO RETURN: 4

(I) PROPERTY PURCHASED FO R VALUE , UNLESS THE 5
PURCHASER HAD NOTICE OF A DISPUTE REGARDI NG ENTITLEMENT TO TH E 6
PROPERTY; OR 7

(II) A PAYMENT, AN ITEM OF PROPERTY , OR A BENEFIT 8
RECEIVED IN PARTIAL OR FULL OBLIGATION O F A LEGALLY ENFORCEA BLE 9
OBLIGATION; AND 10

(2) THE RECIPIENT IS OBLI GATED TO RETURN OR I S PERSONALLY 11
LIABLE FOR THE COST OF A PAYMENT, AN ITEM OF PROPERTY, OR A BENEFIT THAT 12
WAS DISTRIBUTED: 13

(I) NOT–FOR–VALUE; OR 14

(II) UNDER A PROVISION THA T IS PREEMPTED BY FE DERAL 15
LAW. 16

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2026. 18

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.