Uniform Simultaneous Death Act
Tennessee · Descent And Distribution · §§ 31-3-101 to 31-3-120 · 9 sections
Overview
The Uniform Simultaneous Death Act governs how property passes when two or more people die at or near the same time and it cannot be established who survived whom. Rather than turning inheritance on split-second questions of survival, it requires a person to outlive the other by a set minimum period in order to take, applying that rule to donative provisions in governing instruments as well as to property held with a right of survivorship, and treating anyone who falls short of it as having died first. It further addresses what counts as evidence of death or survivorship, identifies circumstances in which the survival requirement does not apply, protects payors, good-faith purchasers, and other third parties who act before the outcome is settled while making recipients personally liable for what they were not entitled to receive, and directs that its terms be applied and construed consistently with the versions in force in other adopting states.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 2 court decisions.
Most-cited authority: 71 S.W.3d 705 - Heirs of Ellis v. Estate of Ellis
Sections covered
- Tenn. Code Ann. § 31-3-101Short title
- Tenn. Code Ann. § 31-3-102Disposition of property where there is no sufficient evidence of survivorship
- Tenn. Code Ann. § 31-3-103Beneficiaries of another person's disposition of property
- Tenn. Code Ann. § 31-3-104Joint tenants or tenants by the entirety
- Tenn. Code Ann. § 31-3-105Disposition of insurance proceeds
- Tenn. Code Ann. § 31-3-106Application of chapter1 cite
- Tenn. Code Ann. § 31-3-107Construction of chapter1 cite
- Tenn. Code Ann. § 31-3-108— 31-3-119. [Reserved.]
- Tenn. Code Ann. § 31-3-120Individual failing to survive decedent by one hundred twenty (120) hours
Enacted in other states
Alabama, Arkansas, Georgia, Indiana, Kentucky, Maryland, New Hampshire, Nevada, Rhode Island, West Virginia, Wyoming
All Tennessee named statutes →
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