Simultaneous Deaths in California

Chapter 1, Part 5 deals with simultaneous deaths under the Probate Code. Chapter 1 deals with general provisions.

Section 220 states that, if the title to property or the devolution of property depends upon priority of death and it cannot be established by clear and convincing evidence that one of the persons survived the other, the property of each person is to be administered or distributed, or otherwise dealt with, as if that person had survived the other.

Section 211 specifies when this chapter does not apply.

Section 222 provides that, if property is disposed of that the right of a beneficiary to succeed to any interest in the property is conditional upon surviving another person and it cannot be established by clear and convincing evidence that the beneficiary survived the other person, the beneficiary is deemed not to have survived the other person.

Section 223 defines the term “joint tenants.” If property is held by two joint tenants and both of them have died and it cannot be established by clear and convincing evidence that one survived the other, the property held in joint tenancy is to be administered or distributed, or otherwise dealt with, one-half as if one joint tenant had survived and one-half as if the other joint tenant had survived.

Section 224 states that, if the insured and a beneficiary under a policy of life or accident insurance have died and it cannot be established by clear and convincing evidence that the beneficiary survived the insured, the proceeds of the policy are to be administered or distributed, or otherwise dealt with, as if the insured had survived the beneficiary.

Chapter 2 deals with proceedings to determine survival. Section 230 provides that a petition may be filed under this chapter for any one or more of the four specified purposes.

Section 231 allows a petition to be filed under this chapter by either of two specified persons.

Section 232 requires the petition to be filed in the estate proceeding in which the person filing the petition received his or her appointment or in the estate proceeding for the estate in which the person filing the petition claims an interest. The court that first acquires jurisdiction under this section has exclusive jurisdiction for the purposes of this chapter.

Section 233 requires notice of the hearing on the petition to be given as provided in Section 1220 to all four of the specified persons.

Section 234 states that, if the court determines that the named persons are dead and that it has not been established by clear and convincing evidence that one person survived another, the court is required to make an order to that effect.