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MarylandSB 02502026 Regular SessionSenate

Estates - Maryland Uniform Simultaneous Death Act

Sponsored By: Bryan W. Simonaire (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

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

Default 5-day survival rule for inheritances

Beginning October 1, 2026, a person must be proven to have lived at least 120 hours longer to inherit. If there is not clear and convincing proof, the law treats them as having died first. This rule also applies when a will, trust, or account requires someone to survive an event. The rule does not apply if using it would make the property go to the State. Wills and other documents can set different survival rules or address common‑disaster cases.

Split rule for joint property owners

Beginning October 1, 2026, when two co‑owners with survivorship rights die and no one is proven to have lived 120 hours longer, the property splits half and half. With more than two co‑owners and no one proven to have survived by 120 hours, it splits into equal shares. This sets how joint homes and accounts pass when the timing of death is unclear.

Disputed payouts: notice and payback rules

Beginning October 1, 2026, payors are not liable for payments made in good faith before they get written dispute notice. To give notice, send registered or certified mail with proof, or serve it like a court summons. After notice, a payor can deposit the money or property with the probate court, and the court decides who gets it. People who paid value in good faith usually keep what they got; others may have to return funds, including when federal law controls.

Proof rules for death and survival

Beginning October 1, 2026, a certified death certificate counts as proof of death, date, time, place, and identity. Official government records also count as proof. A record showing a death at least 120 hours after another proves 120‑hour survival unless there is contrary proof. If someone is missing for five years after a diligent search, the law presumes they died at the end of that period.

What documents and payors are covered

Beginning October 1, 2026, the law clarifies what is covered. “Governing instruments” include wills, trusts, deeds, payable‑on‑death accounts, insurance and annuities, and retirement plans. “Payors” include trustees, insurers, employers, businesses, and government agencies. A “co‑owner with right of survivorship” includes joint tenants, tenants by the entirety, and similar accounts that pass the whole to survivors.

Sponsors & Cosponsors

Sponsor

  • Bryan W. Simonaire

    Republican • Senate

Cosponsors

  • Chris West

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 160 • No: 0

House vote • 4/3/2026

Third Reading Passed

Yes: 119 • No: 0 • Other: 10

Senate vote • 3/20/2026

Third Reading Passed

Yes: 41 • No: 0 • Other: 2

Actions Timeline

  1. Approved by the Governor - Chapter 508

    5/12/2026

  2. Returned Passed

    4/6/2026Senate

  3. Third Reading Passed (119-0)

    4/3/2026House

  4. Favorable Adopted Second Reading Passed

    4/2/2026House

  5. Favorable Report by Judiciary

    4/2/2026House

  6. Referred Judiciary

    3/21/2026House

  7. Third Reading Passed (41-0)

    3/20/2026Senate

  8. Second Reading Passed

    3/19/2026Senate

  9. Favorable Adopted

    3/19/2026Senate

  10. Favorable Report by Judicial Proceedings

    3/19/2026Senate

  11. Hearing 1/29 at 3:00 p.m.

    1/17/2026Senate

  12. First Reading Judicial Proceedings

    1/16/2026Senate

Bill Text

  • Enacted

    5/12/2026

    PDF

  • Third Reading

    3/19/2026

    PDF

  • First Reading

    1/16/2026

    PDF

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