Picture this: a husband and wife are in a car accident. Both tragically pass away, and suddenly, the question no one wants to ask becomes the one the law must answer — who died first?
Grim? Absolutely. But when it comes to estate planning in Ohio, that one question can have enormous consequences. Who passes first can influence who inherits what, how many estates go through probate, and whether your final wishes are followed as intended.
To help families avoid chaos during a time of grief, Ohio has a legal safeguard in place — the Simultaneous Death Act, found in Ohio Revised Code §2105.32
The 120-Hour Rule: Ohio’s Five-Day Buffer
Let’s break it down:
If two people die close together in time, and no one can prove that one survived the other by at least 120 hours (that’s five full days), the law treats them as if they died at the same time. This means each person is legally considered to have predeceased the other.
Why does that matter for estate planning in Ohio?
Because if one spouse dies, and the other survives by mere minutes or hours, everything could transfer to the second spouse — only to go through probate again when their estate opens. That’s a double probate, double paperwork, and double emotional strain.
Ohio’s law avoids that unnecessary spiral by simplifying things: it keeps each estate in its own lane unless survival can be proven with clear and convincing evidence.
Why the Simultaneous Death Act Exists — And Why It Matters
Without this law, things can get redundant fast. Imagine this:
- Spouse A dies.
- Spouse B survives for a short time.
- Because B technically outlived A, all of A’s property transfers to B — then goes into probate again when B dies.
This creates a legal loop: two probates, multiple court filings, and more headaches for loved ones already grieving.
The Simultaneous Death Act acts as a buffer. It helps ensure fairness and clarity when the exact timing of death can’t be confirmed, reducing legal and emotional stress for the families involved.
Can You Change the Rule in Your Estate Plan?
Absolutely — and you should consider it.
Ohio’s 120-hour rule is a default, not a requirement. With thoughtful estate planning in Ohio, you can tailor your documents to handle these scenarios in a way that reflects your wishes.
You might include a clause like:
“If my spouse and I die in a common accident or within 30 days of each other, I direct that I be treated as having survived.”
Or you might prefer:
“If there is any uncertainty, treat my spouse as having survived me.”
The point is, you have options. Estate planning allows you to write your own story, rather than rely on the state’s version.
What This Means for Your Estate Plan
At first glance, the Simultaneous Death Act may seem like a quirky legal rule. But in reality, it’s a behind-the-scenes hero in estate planning in Ohio. It reduces the chaos that can occur in tragic and uncertain situations, and it quietly protects the wishes of those who took the time to plan ahead.
Without a clear plan, your estate might be governed by assumptions, not your intentions. Proactive planning ensures that your voice is heard — even if you're not here to speak.
It’s Not Just About Wills — How This Affects Beneficiaries, Trusts & More
The law doesn’t only apply to wills. The 120-hour rule also affects:
- Trusts
- Joint accounts
- Payable-on-death (POD) accounts
- Life insurance policies
- Retirement plans with named beneficiaries
If named beneficiaries die close in time and survival can’t be proven, those assets may not transfer the way you intended.
That’s why every part of your estate planning attorneys in Ohio (hi, that’s us 👋) should work together — wills, trusts, beneficiary designations, and advance directives — to ensure consistency and clarity.
Why LGBTQ+ and Non-Traditional Families Need Extra Protection
Ohio law doesn't always reflect the realities of modern families. Many individuals rely on chosen family, especially within the LGBTQ+ community. Others may have long-term partners rather than legal spouses.
Without proactive legal planning, default laws like the Simultaneous Death Act could leave chosen families unprotected — or unintentionally override your wishes.
At ALH Law Group, we understand the importance of planning for your version of family. Whether that includes partners, close friends, stepchildren, or other loved ones, we help you ensure your estate plan recognizes and honors your relationships.
The Legal System Isn’t Perfect — But Your Plan Can Be
No one likes to think about sudden or tragic scenarios, but estate planning in Ohio isn’t about worst-case fears. It’s about providing peace of mind. It's about protecting your wishes and reducing burdens for the people you love most.
If you don’t have a clause addressing simultaneous death — or if your documents haven’t been reviewed in years — now is the perfect time to update them.
You deserve an estate plan that:
- Reflects your values
- Respects your relationships
- Prevents legal confusion
- And anticipates the unexpected
Final Thoughts
The Simultaneous Death Act isn’t about being morbid — it’s about being prepared. Life is unpredictable, and this law is Ohio’s way of saying, “We’ve thought about that too.”
So while it might not make great dinner conversation, it’s one of those behind-the-scenes legal rules that quietly makes things easier for the people you love most.
If you’re not sure how your estate plan would handle a “simultaneous death” scenario, now’s a great time to find out — before life gets any more surprising.
Don’t let default rules decide what happens to your estate. Schedule a consultation with ALH Law Group today. Let’s work together to create a plan that’s personal, protective, and perfectly tailored to your life.
