What Happens if My Spouse and I Die at the Same Time?

Updated June 2026

If both spouses die in a common accident without proper planning, state law decides who inherits. The result may not match what either spouse intended.

Key Takeaways

• Maryland, Virginia, and D.C. have each adopted a version of the Uniform Simultaneous Death Act, but their rules differ on how survivorship is determined.

• Virginia requires clear and convincing evidence that one spouse survived the other by at least 120 hours, or both are treated as having predeceased each other.

• Maryland’s version applies when there is no sufficient evidence that the spouses died other than simultaneously, with no specific 120-hour window written into the statute.

• A survivorship clause in your will or trust can override the default statutory rules and give you control over how assets are distributed.

• Without a simultaneous death provision, blended families risk unintended disinheritance and costly double-probate proceedings.

When both spouses die in the same accident or within days of each other, the legal question of who died first determines where nearly every asset ends up. In Maryland, Virginia, and Washington, D.C., simultaneous death laws step in to answer that question when the facts cannot. The default rule treats each spouse as having predeceased the other, which means each estate passes to its own alternate beneficiaries rather than flowing through the other spouse’s estate. For blended families especially, this can produce results that neither spouse intended.

This guide from our Alexandria estate planning attorney explains how simultaneous death laws work across the DMV, why the default rules may not protect your family, and what estate planning tools can ensure your wishes are carried out.

Why the Order of Death Matters So Much

Most married couples structure their estate plans so that everything passes to the surviving spouse first, with children or other beneficiaries next in line. This works well when one spouse outlives the other by years or decades. But when both die in the same event, the plan breaks down.

Under common law, if there was any evidence that one spouse survived the other by even seconds, that spouse was treated as the survivor. All of the deceased spouse’s assets would flow into the surviving spouse’s estate and then pass according to the surviving spouse’s will. This led to bitter inheritance battles between families, particularly in blended marriages where each spouse had children from a prior relationship.

There are also estate tax consequences. When one spouse inherits everything from the other, the combined estate may exceed the applicable exemption amount, potentially triggering taxes that a properly structured plan would have avoided. The current federal estate tax exemption is $13.99 million per person in 2025 and is set to rise to $15 million in 2026 under the IRS guidance implementing the One, Big, Beautiful Bill. But couples still need proper estate planning to make full use of both spouses’ available exemptions, whether through trust planning, portability, or both.

How Simultaneous Death Laws Work in Maryland, Virginia, and D.C.

All three jurisdictions have adopted a version of the Uniform Simultaneous Death Act, but the rules are not identical.

Maryland follows the original version of the Act under Md. Code, Courts & Judicial Proceedings §10-801 through §10-807. The statute applies when there is “no sufficient evidence that the persons have died otherwise than simultaneously.” If that standard is met, each person’s property is distributed as if that person survived the other. Maryland’s version does not include a specific 120-hour survivorship window. Instead, the question turns on whether there is sufficient evidence to establish the order of death.

Virginia adopted the revised 1993 version of the Act, codified at Va. Code §64.2-2201 through §64.2-2208. Virginia’s statute is more prescriptive. A person who is not established by clear and convincing evidence to have survived another by at least 120 hours (five days) is deemed to have predeceased the other. This bright-line rule eliminates disputes over minutes or hours of survival.

Washington, D.C. has also adopted simultaneous death provisions. Like Virginia, D.C. requires survival by 120 hours under D.C. Code §19-502 and §19-503.

In all three jurisdictions, the default simultaneous death rules can be overridden by explicit language in a will, trust, or other governing instrument.

What Happens Without a Simultaneous Death Clause

When the default statute applies, each spouse’s estate is treated as if the other spouse predeceased them. That triggers several consequences.

• Two separate probates. Instead of one estate flowing through the surviving spouse’s estate, both must go through probate independently. This doubles the administrative costs, court fees, and time for the family.

• Contingent beneficiaries inherit. Each spouse’s assets pass to whoever is named as the alternate beneficiary in their will. If no will exists, state intestacy laws control, and the distribution may not reflect what the couple would have wanted.

• Jointly owned property complications. For assets held as joint tenants with right of survivorship or as tenants by the entirety, the simultaneous death rules split the property. Half passes through each spouse’s estate, which can create disputes between the respective heirs.

• Life insurance and beneficiary designations. Under the Act, if the insured and the beneficiary die simultaneously, the proceeds are distributed as if the insured survived the beneficiary. This means the policy pays out to the contingent beneficiary rather than going through the deceased beneficiary’s estate.

For families with straightforward estate plans, the default rules may produce acceptable results. But for blended families, high-net-worth couples, or anyone with specific distribution wishes, relying on the statute is a risk.

How to Plan Around the Default Rules

The most effective way to maintain control is to include a survivorship clause in your will or trust. A survivorship clause requires one spouse to survive the other by a specified period, typically 30 to 60 days, to inherit. If the surviving spouse does not live past that window, they are treated as having predeceased the other for purposes of that document.

This approach solves several problems at once. It prevents double probate by ensuring assets go directly to the contingent beneficiaries rather than through an intermediate estate. It also allows couples to specify which spouse should be presumed to have predeceased the other, which can be critical for maximizing estate tax savings through tools like credit shelter trusts and the unlimited marital deduction.

A revocable living trust offers an additional layer of protection. Because trust assets generally do not pass through probate, a well-funded trust with its own simultaneous death provision can streamline the distribution process and reduce costs for the surviving family. Trust provisions can also address scenarios that a will alone cannot, such as what happens to trust property if both the grantor and the successor trustee die in the same event.

Make Sure Your Estate Plan Covers the Unexpected

No one expects both spouses to die at the same time. But without a plan that accounts for this possibility, state law makes the decisions for your family. A properly drafted survivorship clause takes minutes to add and can save your heirs months of legal proceedings and thousands of dollars in costs. Contact Thienel Law to review your estate plan and make sure it addresses simultaneous death and other critical scenarios.