Ohio's Simultaneous Death Act

What happens to an estate when a husband and wife die at the same time?  How do you handle the property of each estate?  Ohio Revised Code § 2105.32 states that there has to be clear and convincing evidence of one person surviving another for 120 hours in order to inherit property.  What if  you cannot determine who died first?  That is when you look to Ohio’s Simultaneous Death Act for guidance.  Ohio Revised Code §2105.32

Simultaneous Death Act – Ohio Revised Code § 2105.32

The Simultaneous death act helps determine who has predeceased another person.  The statute applies when there is no clear and convincing evidence of one party surviving another for 120 hours.

Say for instance a husband and wife die in an automobile accident and a determination cannot be made as to who survived who.  How is their property distributed?  Typically, when there is a will one spouse will leave their property to their surviving spouse.  If there is no will the surviving spouse usually inherits the entire estate.

So How Do You Handle Their Property?

This statue comes into play under these 4 circumstances that depend on the individual’s survivorship of the death of another person:

1. When real or personal property depends on the individual’s survivorship of the death of another person (i.e. Real estate survivorship deed);
2. When electing the surviving spouse’s share;
3. When electing the surviving spouse’s interest in the mansion house; and
4. When applying for the family allowance.

Common Example Involving Real Estate: Joint Tenants with Rights of Survivorship

It is common for your deed to contain rights of survivorship when spouses co-own real property.  This form of ownership helps transfer the real estate to the survivor without having to open up an estate.  However, if spouses die simultaneously owning property in this form, the property is treated as if the property was held as tenants in common.  This means each spouse owned a 50% share of the real estate.  The husband’s share would pass through his estate and the wife’s share passes through her estate.  Ohio Revised Code § 2105.34