Most married couples never expect to face the possibility of dying at the same time. However, tragedies such as car accidents, natural disasters, or other unexpected events can result in spouses passing away within a short period of each other.
When this happens, an important legal question arises: Who died first?
The answer can determine how property, assets, and inheritances are distributed. If the order of death cannot be determined, Minnesota law provides specific rules to resolve the situation.
Under Minnesota’s version of the Uniform Simultaneous Death Act, the law applies a 120-hour survival rule that determines how estates are handled when spouses die close together. Understanding this rule can help families avoid confusion and ensure their estate plans work as intended.
![Diagram of Minnesota's 120 Hour Rule for Simultaneous Deaths]()
What Happens If Spouses Die at the Same Time?
What Happens If Spouses Die at the Same Time?If spouses die within five days of each other and it cannot be proven who survived longer, Minnesota law treats each spouse as if they died before the other. This rule, known as the 120-hour survival rule, prevents assets from passing from one spouse to another and then immediately to a different set of heirs. Instead, each spouse’s estate is distributed separately according to their will, trust, beneficiary designations, or Minnesota inheritance laws.
Understanding Minnesota’s 120-Hour Survival Rule
Minnesota law (§524.2-702 for those who want to look at the law itself) states that a person must survive another individual by at least 120 hours (five days) in order to inherit from them. If there is no proof that one spouse survived the other for at least five days, the law assumes that each spouse predeceased the other for inheritance purposes.
This rule is important because:
- It prevents assets from being transferred twice in a short time.
- It simplifies estate administration when deaths occur close together.
- It reduces disputes between family members over inheritance rights.
Without this rule, property could pass from one spouse to the other and then immediately pass to a completely different group of heirs.
Why the Order of Death Matters in Estate Planning
The order in which spouses die can significantly affect how assets are distributed. Many married couples own assets that automatically transfer to a surviving spouse, like:
- Joint tenancy property
- Life insurance policies
- Retirement accounts
- Pay-on-death bank accounts
- Transfer-on-death investment accounts
Normally, these assets pass directly to the surviving spouse. However, if both spouses die within a short time and the order of death cannot be determined, the law must decide how those assets should be distributed.
How Property Is Distributed When Spouses Die Simultaneously
Minnesota law applies different rules depending on the type of asset involved. Some common situations include jointly owned property, life insurance policies, and assets listed in a will or trust.
Jointly Owned Property
If spouses own property as "joint tenants with right of survivorship" and it cannot be determined who died first, the property is typically divided into two equal shares. Each share then becomes part of each spouse’s separate estate.
| Property Type | Distribution Result |
|---|---|
| Joint tenancy property | Divided equally between both estates |
| Tenants by the entirety | Treated similarly if survivorship cannot be determined |
| Multiple joint owners | Shares divided proportionally among owners |
Life Insurance Policies
When the insured person and the named beneficiary die at the same time, Minnesota law usually assumes that the insured survived the beneficiary. This means the life insurance proceeds will go to:
- An alternate beneficiary, if one is listed, or
- The insured person’s estate if no alternate beneficiary exists.
This rule prevents the proceeds from passing through two estates unnecessarily.
Wills and Trusts
Many estate planning documents include simultaneous death clauses that override the default rule. These provisions specify exactly what should happen if spouses die together. For example, a will or trust might state that assets pass directly to children or another beneficiary if both spouses die within a certain period. This allows families to avoid uncertainty and ensure assets are distributed according to their wishes.
What Happens to Children and Other Heirs?
When spouses die at the same time, inheritance typically passes to the next level of heirs:
Couples with children
Children typically inherit assets from both parents’ estates.
Couples without children
Assets may pass to parents, siblings, or other relatives under Minnesota intestacy laws.
Blended families
Each spouse’s heirs may inherit separately based on their respective family lines.
Named beneficiaries
Accounts and insurance policies generally pass directly to the named beneficiaries.
Handling estates separately helps ensure inheritance is distributed fairly rather than passing entirely to one side of the family.
Why Estate Planning Is Important
You're on a blog from an estate planning attorney, so you know I'm going to tell you that you need an estate plan. And although Minnesota law provides default rules, proper estate planning allows couples to control how their assets will be distributed. Without a clear estate plan, state law determines how property is divided. With proper planning, couples can create clear instructions for unexpected situations. Some helpful estate planning strategies that my clients consider:
- Wills that include simultaneous death provisions
- Revocable living trusts
- Contingent beneficiaries for financial accounts
- Guardianship designations for minor children
Estate planning can also help reduce probate complications and minimize potential disputes among heirs.
Administration of an Estate After Simultaneous Death
When spouses die close together, the probate court's process often involves several steps:
- Separate estates are opened for each spouse.
- Personal representatives are appointed to manage each estate.
- Debts, taxes, and expenses are paid using estate assets.
- The remaining property is distributed to heirs or beneficiaries.
Because two estates may need to be administered simultaneously, the process can become complicated and is one of the prime reasons that your family members will want to bring in an attorney to assist with the process.
Estate Planning Guidance for Minnesota Families
Simultaneous death scenarios are rare, but they highlight the importance of having a well-designed estate plan. Clear instructions in wills, trusts, and beneficiary designations can ensure that assets are distributed according to your wishes—even if spouses pass away at the same time.
Minnesota’s 120-hour survival rule helps resolve these situations by treating spouses who die within five days of each other as having predeceased one another. As a result, each spouse’s estate is handled separately. While the law provides default rules, thoughtful estate planning ensures that your assets are distributed according to your wishes and that your family is protected.
Ready to Get Started with an Estate Planning Attorney?
If you need help getting your estate plan in place or are ready for an update to one you already have, let's schedule a Legal Strategy Session online or by calling my Edina, Minnesota office at (612) 294-6982 or my New York City office at (646) 847-3560. My office will be happy to find a convenient time for us to have a phone call to review the best options and next steps for you to work with an estate planning attorney.
