What Happens if a Married Couple Dies at the Same Time?
What Happens if a Married Couple Dies at the Same Time?
I Know I know, just what you wanted to think about; you and your spouse both dying at the same time. As with any estate planning topics, it’s not fun to talk about, but prudent to prepare for.
I’m not sure exactly what the odds are of this happening, but let’s hope it’s even lower than the chances of winning the lottery. Nevertheless, it’s wise to ensure your estate plan doesn’t turn to shreds if it were to occur.
Not preparing for this can create unnecessary cost, confusion, delays, and even family disputes at the worst possible time. So, I would suggest you think of it once, prepare accordingly, and never think of it again.
Let’s walk through why simultaneous death creates estate planning problems, and then cover the simple, effective solutions that can prevent those headaches altogether.
The Problem: Why Simultaneous Death Creates Estate Planning Chaos
Most estate plans are built around a very common assumption: one spouse survives the other. That assumption drives beneficiary designations, wills, trusts, and even tax strategies.
When both spouses die at the same time — or within a short period — several complications can arise.
Uncertainty Around Who Died First
If it’s unclear which spouse survived the other (even by minutes or hours), the legal system may need to step in to determine the order of death. Why?
Because estate plans tend to say things like: “If my spouse survives me, everything goes to them. If my spouse does not survive me, assets go to the children.” When it’s not clear who survived who, assets can be forced through a legal guessing game
The Risk of Double Probate
One of the biggest headaches with simultaneous death is double probate. As if probate wasn’t enough of a hassle, imagine doubling up on it.
Here’s how that can happen: One spouse passes first, followed shortly by the second spouse. The first spouse’s assets pass to the second, and then the second spouse’s assets must be passed to his or her estate.
Instead of one probate process, the family now faces two separate probates. Remember, probate means courts, judges, legal fees, delays, paperwork. This means more delay for the beneficiaries, and more cost means less money in the estate left for them.
Conflicting or Unintended Beneficiaries
Perhaps the worst consequence of all is your money not actually going to where you planned on it going.
Let’s say Bill and Jane are married and die in the same accident. It’s determined that Bill passed first, so his assets pass to Jane, and then from her pass to her contingent beneficiaries, who happen to be her children from her first marriage. Bill’s children from his first marriage could be left out of the equation altogether, which was not what the couple had intended as a unit.
You can probably guess where this will lead: family conflict or even litigation.
Emotional Stress and Family Disputes
Legal ambiguity invites disagreement. What did the deceased actually intend? Who actually survived the other?
Even well-intentioned families can end up in disputes when emotions are high and guidance is unclear.
The Solutions: Simple Planning That Prevents Big Problems
The good news? These issues are very solvable with proper estate planning. Two tools in particular do most of the heavy lifting.
The 120-Hour (Five-Day) Survival Rule
The 120-hour rule is part of the Uniform Simultaneous Death Act, and states that if it can’t be proven that a beneficiary survived the decedent by at least 120 hours (5 days), the beneficiary is treated as having predeceased the decedent.
Essentially, this means when spouses pass away within 120 hours of each other, they can be considered to have both pre-deceased the other. This eliminates the need to determine who died first within hours or minutes, prevents assets from bouncing between estates and avoids double probate in most cases.
Many states have either adopted this rule, or have some type of variation of it.
Simultaneous Death Clause
A simultaneous death clause is similar in concept to the 120 hour rule, but allows for my flexibility and specificity on what the married couple actually wants to happen. Rather than the generic 120 hours, you can specify a broader period of time. This must be stipulated in a legal estate document such as a will or trust.
They ensures that your estate plan reflects your shared intent as a couple, rather than relying on legal technicalities, courts and attorneys.
Main Takeaway:
Sitting around imagining worst case scenarios is, I hope, not a hobby for anyone. But estate planning isn’t about predicting tragedy — it’s about reducing chaos and protecting the people you love if something unexpected happens.
If you and your spouse haven’t reviewed your estate plan recently — or if you’re not sure whether it addresses simultaneous death — this is an important conversation to have with your estate planning attorney and financial advisor.
Have any questions on this or any other part of your estate and financial plan?
Call, email or text me.
Ryan Page, CFP®, MBA®
Office & Text:720-826-1092
Content in this material is for general information only and not intended to provide specific advice or recommendations for any individual.
This information is not intended to be a substitute for specific individualized tax or legal advice. We suggest that you discuss your specific situation with a qualified tax or legal advisor..
