§ 224 Simultaneous Death Rule

This law says that when both the person who bought a life or accident insurance and the person who would get the payout die, and you can't prove the payout person lived longer, you handle the money as if the buyer lived longer, unless the policy is community property with a spouse and there’s no other beneficiary, in which case the money is split as community property.

Key Takeaways

•If both the insured and the named beneficiary die and you can’t prove the beneficiary survived, the policy is handled as if the insured survived the beneficiary.
•If the policy is community or quasi‑community property and the only other possible beneficiary is the estate, the proceeds are divided as community property under Section 103.
•The rule decides who gets the insurance money when it’s unclear who died first.

Example

A husband and wife both die in a car crash. Their life insurance policy names their teenage son as the beneficiary, but there’s no proof the son survived the parents.

Because you can’t prove the son outlived the parents, the insurance money is treated as if the parents survived the son, so the money goes to the parents’ estate (or personal representative). If the policy is community property and the only other possible beneficiary is the estate, the money would instead be split as community property between the spouses’ heirs.

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 shall be administered or distributed, or otherwise dealt with, as if the insured had survived the beneficiary, except if the policy is community or quasi-community property of the insured and the spouse of the insured and there is no alternative beneficiary except the estate or personal representative of the insured, the proceeds shall be distributed as community property under Section 103. (Enacted by Stats. 1990, Ch. 79.)

Key Takeaways

•If both the insured and the named beneficiary die and you can’t prove the beneficiary survived, the policy is handled as if the insured survived the beneficiary.
•If the policy is community or quasi‑community property and the only other possible beneficiary is the estate, the proceeds are divided as community property under Section 103.
•The rule decides who gets the insurance money when it’s unclear who died first.

Example

A husband and wife both die in a car crash. Their life insurance policy names their teenage son as the beneficiary, but there’s no proof the son survived the parents.

Key Takeaways

Example

Key Terms

References

§ 224 Simultaneous Death Rule

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References