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MarylandHB 05962026 Regular SessionHouse

Estates - Maryland Uniform Simultaneous Death Act

Sponsored By: LaToya Nkongolo (Republican)

Signed by Governor

Estates and TrustsCivil Actions and ProceduresBeneficiariesCourts -see also- AppCt; Circuit; District; Orphans'; etc.Death -see also- Homicide; Murder; Wrongful DeathDeedsEstates and Trusts -see also- BeneficiariesEvidenceLiabilityNoticesPersonal PropertyPostal ServiceReal PropertyRetirement -see also- Mandatory RetirementTimeVital Records -see also- Death; Divorce; Marriage

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Five-day rule to inherit property

Beginning October 1, 2026, a person must outlive another by at least 120 hours (five days) to take property. If no one is proven to have survived that long, joint property is split: with two owners, each half follows that owner’s estate; with more owners, equal shares. The rule does not apply if it would send the property to the State. The law follows different survival periods or simultaneous‑death clauses written in the will, trust, deed, account, or policy, and other narrow exceptions. It also defines who counts as a survivorship co‑owner and what documents are governing instruments.

How to prove death and timing

Beginning October 1, 2026, a certified death certificate is strong proof of death, date, time, and identity. A record showing someone died at least 120 hours after another counts as clear proof of survival, unless other evidence disputes it. If a person is missing for five continuous years and a careful search finds no explanation, the law presumes the person died at the end of that period.

New rules for payors in estate disputes

Beginning October 1, 2026, payors (like trustees, insurers, businesses, employers, and government agencies) are protected when they pay in good faith before receiving proper written notice. Proper notice must be by certified or registered mail with proof, or served like a court summons. After notice, a payor can deposit money or property with the right probate court and let the court decide who gets it. Buyers who pay fair value without knowing of a dispute are protected, but people who received assets for no value or under a preempted rule may have to return them.

Sponsors & Cosponsors

Sponsor

  • LaToya Nkongolo

    Republican • House

Cosponsors

  • Dylan Behler

    Democratic • House

  • Brian Chisholm

    Republican • House

  • Mike Griffith

    Republican • House

  • Darrell Odom

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 174 • No: 0

Senate vote • 4/13/2026

Third Reading Passed

Yes: 45 • No: 0 • Other: 2

House vote • 3/20/2026

Third Reading Passed

Yes: 129 • No: 0 • Other: 7

Actions Timeline

  1. Approved by the Governor - Chapter 509

    5/12/2026

  2. Returned Passed

    4/13/2026House

  3. Third Reading Passed (45-0)

    4/13/2026Senate

  4. Favorable Adopted Second Reading Passed

    4/9/2026Senate

  5. Favorable Report by Judicial Proceedings

    4/9/2026Senate

  6. Referred Judicial Proceedings

    3/23/2026Senate

  7. Third Reading Passed (129-0)

    3/20/2026House

  8. Favorable Adopted Second Reading Passed

    3/20/2026House

  9. Favorable Report by Judiciary

    3/20/2026House

  10. Hearing 2/11 at 2:00 p.m.

    2/2/2026House

  11. First Reading Judiciary

    1/28/2026House

Bill Text

  • Enacted

    5/12/2026

    PDF

  • Third Reading

    3/20/2026

    PDF

  • First Reading

    1/28/2026

    PDF

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