Disposition of Joint Tenancy Property in Simultaneous Death

Situation. Where there is no sufficient evidence that two joint tenants have died otherwise than simultaneously, the property so held shall be administered upon, distributed, or otherwise dealt with, one-half (2) as if one joint tenant had survived and one-half (2) as if the other joint tenant had survived. If there are more than two joint tenants and all of them have so died, the property thus administered upon, distributed, or otherwise dealt with, shall be in the proportion that one joint tenant bears to the whole number of joint tenants. SOURCE: California Probate Code, § 296.2. COMMENT: Section 1305 is similar to the provisions of § 3 of the Uniform Simultaneous Death Act; see 9A Uniform Laws Annotated.