Uniform Simultaneous Death Act
Alabama · Wills and Decedents’ Estates · §§ 43-7-1 to 43-7-8 · 8 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.
Sections covered
- Ala. Code § 43-7-1Short Title.
- Ala. Code § 43-7-2No Sufficient Evidence of Survivorship; Disposition of Property of Decedents.
- Ala. Code § 43-7-3Beneficiaries of Another Person’s Disposition of Property.
- Ala. Code § 43-7-4Joint Tenants or Tenants by the Entirety.
- Ala. Code § 43-7-5Insurance Policies.
- Ala. Code § 43-7-6Chapter Not Retroactive.
- Ala. Code § 43-7-7Chapter Not Applicable If Decedent Provides Otherwise.
- Ala. Code § 43-7-8Uniformity of Interpretation.
Enacted in other states
Arkansas, Georgia, Indiana, Kentucky, Maryland, New Hampshire, Nevada, Rhode Island, Tennessee, West Virginia, Wyoming
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