Estates - Maryland Uniform Simultaneous Death Act, the official text

WES MOORE, Governor                          Ch. 509

Chapter 509

                   (House Bill 596)

AN ACT concerning

             Estates – Maryland Uniform Simultaneous Death Act

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

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

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

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

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

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

                   Article – Courts and Judicial Proceedings

[10–801.

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

[10–802.

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

[10–803.

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

[10–804.

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

[10–805.

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

10–801.

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

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

                (1) A JOINT TENANT;

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WES MOORE, Governor  Ch. 509

                (2) A TENANT BY THE ENTIRETY; AND

                (3) A CO–OWNER OF PROPERTY OR AN ACCOUNT THAT ENTITLES
REMAINING CO–OWNERS TO THE WHOLE OF THE PROPERTY OR ACCOUNT ON THE
DEATH OF ANOTHER.

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

                (2) “GOVERNING INSTRUMENT” INCLUDES:

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

                         (II) A DEED;

                         (III) AN INSURANCE OR ANNUITY POLICY;

                         (IV) A POWER OF ATTORNEY;

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

                         (VI) A TRUST;

                         (VII) A WILL; AND

                         (VIII) AN INSTRUMENT CREATING OR EXERCISING A POWER OF
APPOINTMENT.

        (D) (1) “PAYOR” MEANS A PERSON WHO IS AUTHORIZED OR OBLIGATED
BY LAW OR OTHER GOVERNING INSTRUMENT TO MAKE PAYMENTS.

                (2) “PAYOR” INCLUDES:

                         (I) A TRUSTEE;

                         (II) AN INSURER;

                         (III) A BUSINESS ENTITY;

                         (IV) AN EMPLOYER; AND

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

10–802.

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

        (B) EXCEPT AS PROVIDED IN § 10–806 OF THIS SUBTITLE, IF THE TITLE TO
PROPERTY, THE DEVOLUTION OF PROPERTY, THE RIGHT TO ELECT AN INTEREST IN
PROPERTY, OR THE RIGHT TO EXEMPT PROPERTY, HOMESTEAD, OR FAMILY
ALLOWANCE DEPENDS ON AN INDIVIDUAL’S SURVIVORSHIP OF THE DEATH OF
ANOTHER INDIVIDUAL, AN INDIVIDUAL WHO IS NOT ESTABLISHED BY CLEAR AND

CONVINCING EVIDENCE TO HAVE SURVIVED THE OTHER INDIVIDUAL BY AT LEAST

120 HOURS IS DEEMED TO HAVE PREDECEASED THE OTHER INDIVIDUAL.

10–803.

        EXCEPT AS PROVIDED IN § 10–806 OF THIS SUBTITLE, FOR PURPOSES OF A

PROVISION OF A GOVERNING INSTRUMENT THAT RELATES TO AN INDIVIDUAL

SURVIVING AN EVENT, INCLUDING THE DEATH OF ANOTHER INDIVIDUAL, AN

INDIVIDUAL WHO IS NOT ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE TO

HAVE SURVIVED THE EVENT BY AT LEAST 120 HOURS IS DEEMED TO HAVE
PREDECEASED THE EVENT.

10–804.

        (A) EXCEPT AS PROVIDED IN § 10–806 OF THIS SUBTITLE, IF IT IS NOT

ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE THAT ONE OF TWO

CO–OWNERS WITH RIGHT OF SURVIVORSHIP SURVIVED THE OTHER CO–OWNER BY
AT LEAST 120 HOURS:

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

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

        (B) EXCEPT AS PROVIDED IN § 10–806 OF THIS SUBTITLE, IF THERE ARE
MORE THAN TWO CO–OWNERS WITH RIGHT OF SURVIVORSHIP AND IT IS NOT

ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE THAT AT LEAST ONE OF THE

CO–OWNERS SURVIVED THE OTHERS BY AT LEAST 120 HOURS, THE PROPERTY

PASSES IN THE PROPORTION THAT ONE BEARS TO THE WHOLE NUMBER OF

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WES MOORE, Governor  Ch. 509

CO–OWNERS.

10–805.

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

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

        (C) (1) A CERTIFIED OR AUTHENTICATED COPY OF A DEATH
CERTIFICATE ISSUED IN ACCORDANCE WITH § 4–212 OF THE HEALTH – GENERAL
ARTICLE IS PRIMA FACIE EVIDENCE OF THE FACT, PLACE, DATE, AND TIME OF
DEATH AND THE IDENTITY OF THE DECEDENT.

                (2) A CERTIFIED OR AUTHENTICATED COPY OF ANY RECORD OR

REPORT BY A FOREIGN OR DOMESTIC GOVERNMENT AGENCY THAT AN INDIVIDUAL

IS ALIVE, MISSING, DETAINED, OR DEAD IS PRIMA FACIE EVIDENCE OF THE STATUS,
DATES, CIRCUMSTANCES, AND PLACES DISCLOSED BY THE RECORD OR REPORT.

                (3) IN THE ABSENCE OF EVIDENCE DISPUTING THE TIME OF DEATH
STATED ON A DOCUMENT DESCRIBED IN PARAGRAPH (1) OR (2) OF THIS
SUBSECTION, A DOCUMENT THAT STATES A TIME OF DEATH AT LEAST 120 HOURS
AFTER THE TIME OF DEATH OF ANOTHER INDIVIDUAL, REGARDLESS OF HOW THE
TIME OF DEATH OF THE OTHER INDIVIDUAL IS DETERMINED, ESTABLISHES BY

CLEAR AND CONVINCING EVIDENCE THAT THE INDIVIDUAL DESCRIBED SURVIVED

THE OTHER INDIVIDUAL BY 120 HOURS.

        (D) IN THE ABSENCE OF PRIMA FACIE EVIDENCE OF DEATH UNDER
SUBSECTION (C) OF THIS SECTION, THE FACT OF DEATH MAY BE ESTABLISHED BY
CLEAR AND CONVINCING EVIDENCE, INCLUDING CIRCUMSTANTIAL EVIDENCE.

        (E) (1) AN INDIVIDUAL WHOSE DEATH IS NOT ESTABLISHED UNDER
SUBSECTION (C) OR (D) OF THIS SECTION IS PRESUMED TO BE DEAD WHEN:

                         (I) THE INDIVIDUAL HAS BEEN ENTIRELY ABSENT FOR A
PERIOD OF 5 CONTINUOUS YEARS; AND

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

                (2) IN THE ABSENCE OF SUFFICIENT EVIDENCE TO DETERMINE AN
INDIVIDUAL’S DEATH OCCURRED EARLIER, AN INDIVIDUAL’S DEATH PRESUMED

UNDER THIS SECTION IS PRESUMED TO HAVE OCCURRED AT THE END OF THE

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5–YEAR PERIOD.

10–806.

        IF THE TITLE TO PROPERTY, THE DEVOLUTION OF PROPERTY, THE RIGHT TO
ELECT AN INTEREST IN PROPERTY, OR THE RIGHT TO EXEMPT PROPERTY,
HOMESTEAD, OR FAMILY ALLOWANCE DEPENDS ON AN INDIVIDUAL SURVIVING AN
EVENT, INCLUDING THE DEATH OF ANOTHER INDIVIDUAL, AN INDIVIDUAL IS NOT
REQUIRED TO HAVE SURVIVED THE OTHER INDIVIDUAL BY AT LEAST 120 HOURS IF:

                (1) THE GOVERNING INSTRUMENT CONTAINS APPLICABLE

LANGUAGE DEALING EXPLICITLY WITH SIMULTANEOUS DEATHS OR DEATHS IN A

COMMON DISASTER;

                (2) THE GOVERNING INSTRUMENT EXPRESSLY INDICATES THAT THE
INDIVIDUAL IS NOT REQUIRED TO SURVIVE THE EVENT, INCLUDING THE DEATH OF
ANOTHER INDIVIDUAL, BY ANY SPECIFIED PERIOD PROVIDED THAT IT IS

ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE THAT THE INDIVIDUAL

SURVIVED THE EVENT;

                (3) THE GOVERNING INSTRUMENT EXPRESSLY REQUIRES THE

INDIVIDUAL TO HAVE SURVIVED THE EVENT FOR A SPECIFIED PERIOD OTHER THAN

AT LEAST 120 HOURS;

                (4) THE APPLICATION OF A 120–HOUR REQUIREMENT OF SURVIVAL

WOULD CAUSE A NONVESTED PROPERTY INTEREST OR POWER OF APPOINTMENT TO

BE INVALID UNDER THE COMMON–LAW RULE AGAINST PERPETUITIES, UNLESS AN
EXCEPTION UNDER § 11–102 OF THE ESTATES AND TRUSTS ARTICLE APPLIES,

PROVIDED THAT IT IS ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE THAT

THE INDIVIDUAL SURVIVED THE EVENT; OR

                (5) THE APPLICATION OF A 120–HOUR REQUIREMENT OF SURVIVAL

TO MULTIPLE GOVERNING INSTRUMENTS WOULD RESULT IN AN UNINTENDED

FAILURE OR DUPLICATION OF A DISPOSITION, PROVIDED THAT IT IS ESTABLISHED

BY CLEAR AND CONVINCING EVIDENCE THAT THE INDIVIDUAL SURVIVED THE

EVENT.

10–807.

        (A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
PAYOR OR OTHER THIRD PARTY IS NOT LIABLE FOR HAVING MADE A PAYMENT,
TRANSFERRED AN ITEM OF PROPERTY, CONFERRED A BENEFIT, OR TAKEN ANY

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WES MOORE, Governor  Ch. 509

OTHER ACTION IN GOOD FAITH RELIANCE ON AN INDIVIDUAL’S APPARENT
ENTITLEMENT UNDER THE TERMS OF A GOVERNING INSTRUMENT.

                (2) A PAYOR OR THIRD PARTY IS LIABLE FOR PAYMENT MADE OR

OTHER ACTION TAKEN AFTER THE PAYOR OR THIRD PARTY RECEIVED WRITTEN
NOTICE OF A CLAIMED LACK OF ENTITLEMENT IN ACCORDANCE WITH SUBSECTION

(B) OF THIS SECTION.

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

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

                (2) SERVED ON THE PAYOR OR THIRD PARTY IN THE SAME MANNER
AS A SUMMONS IN A CIVIL ACTION.

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

                         (I) IF PROBATE PROCEEDINGS HAVE COMMENCED, PAY ANY

AMOUNT OWED OR TRANSFER OR DEPOSIT ANY ITEM OF PROPERTY HELD BY THE
PAYOR OR THIRD PARTY TO OR WITH THE COURT HAVING JURISDICTION OF THE

PROBATE PROCEEDINGS RELATED TO THE DECEDENT’S ESTATE; OR

                         (II) IF NO PROBATE PROCEEDINGS HAVE BEEN COMMENCED,

PAY ANY AMOUNT OWED OR TRANSFER OR DEPOSIT ANY ITEM OF PROPERTY HELD
BY THE PAYOR OR THIRD PARTY TO OR WITH THE COURT HAVING JURISDICTION OF

PROBATE PROCEEDINGS RELATING TO DECEDENTS’ ESTATES LOCATED IN THE
COUNTY OF THE DECEDENT’S RESIDENCE.

                (2) A COURT THAT HOLDS PROPERTY IN ACCORDANCE WITH THIS

SUBSECTION SHALL ORDER DISBURSEMENT IN ACCORDANCE WITH A

DETERMINATION MADE UNDER THIS SUBTITLE.

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

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

                         (I) PROPERTY PURCHASED FOR VALUE, UNLESS THE

PURCHASER HAD NOTICE OF A DISPUTE REGARDING ENTITLEMENT TO THE

PROPERTY; OR

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Ch. 509  2026 LAWS OF MARYLAND

                         (II) A PAYMENT, AN ITEM OF PROPERTY, OR A BENEFIT

RECEIVED IN PARTIAL OR FULL OBLIGATION OF A LEGALLY ENFORCEABLE

OBLIGATION; AND

                (2) THE RECIPIENT IS OBLIGATED TO RETURN OR IS PERSONALLY
LIABLE FOR THE COST OF A PAYMENT, AN ITEM OF PROPERTY, OR A BENEFIT THAT
WAS DISTRIBUTED:

         (I) NOT–FOR–VALUE; OR

         (II) UNDER A PROVISION THAT IS PREEMPTED BY FEDERAL

LAW.

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

Approved by the Governor, May 12, 2026.

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