When two people co-own property — such as a home, bank account, or investment — ownership normally passes to the surviving owner when one dies. But what if both owners die at the same time, or it’s impossible to tell who passed away first? This situation, called simultaneous death, can make inheritance complicated and often requires court involvement to settle.
Here’s what Georgia law says about who inherits the property if both owners die together — and how to plan ahead to avoid confusion.
Georgia’s Simultaneous Death Law
Under Georgia’s Uniform Simultaneous Death Act (O.C.G.A. § 53-10-1), if two co-owners die in the same incident (like an accident or natural disaster) and there’s no clear evidence who died first, the law assumes each person died simultaneously.
In that case, property is handled as if each person outlived the other for distribution purposes.
- Jointly owned property (with right of survivorship): Each person’s share is treated as if they survived the other, meaning half goes to each person’s estate.
- Life insurance policies: If both the insured and the beneficiary die at the same time, Georgia law treats it as if the beneficiary predeceased the insured — so the proceeds go to the contingent beneficiary or the insured’s estate.
- Trusts or wills: The same rule applies — if timing of death can’t be proven, the estate is distributed according to each person’s document, as if the other had died first.
You can read the full statute on Georgia’s Uniform Simultaneous Death Act.
Example: Joint Owners of a Home
Let’s say a married couple owns a home as joint tenants with right of survivorship. Normally, if one spouse dies, the other automatically becomes the sole owner.
But if both die in a common accident and it’s unclear who died first, the home is divided equally between their two estates. Each spouse’s heirs would then inherit their half according to their will or Georgia’s intestacy laws (if there’s no will).
This can lead to unintended results — for example, one spouse’s half may go to their parents or siblings instead of the other spouse’s family.
What If There’s No Will?
If neither owner left a valid will, Georgia’s intestate succession laws (O.C.G.A. § 53-2-1) determine who inherits.
Here’s the general order of inheritance:
- Surviving spouse and children
- Parents (if no spouse or children)
- Siblings
- Extended relatives
You can explore details on Georgia’s intestate succession laws.
Without estate planning, it may take months of probate proceedings for courts to determine rightful heirs.
Why Simultaneous Death Planning Matters
Simultaneous death clauses are often built into wills, trusts, and insurance policies to avoid confusion. These provisions can:
- Designate who is presumed to have died first.
- Clarify how jointly owned assets should pass.
- Name contingent beneficiaries to prevent probate disputes.
For example, a well-drafted will might say:
“If my spouse and I die in a common accident, I shall be deemed to have predeceased my spouse.”
This kind of language helps ensure assets flow smoothly to the intended beneficiaries.
Learn more about creating a comprehensive plan through our Georgia estate planning services.
How to Protect Your Family From Confusion
To prevent legal uncertainty and family disputes:
- Add a survivorship clause (often 120 hours) in wills and trusts.
- Name contingent beneficiaries for all accounts and life insurance policies.
- Use trusts to hold property and dictate exactly how assets pass.
- Keep documents updated — marriages, births, and new property purchases all affect distribution.
Our Georgia probate attorneys can help ensure your plan clearly addresses simultaneous death scenarios.
Final Thoughts
When both owners die at the same time, Georgia law provides a framework for dividing property — but it may not align with your wishes. Simple estate planning tools, such as survivorship clauses and updated beneficiary designations, can eliminate uncertainty and keep your assets in the right hands.
If you want to protect your loved ones from future legal complications, contact Hurban Law for guidance on crafting wills and trusts that cover every “what if.”
