Simultaneous Death

Del. Code tit. 12, ch. 7
in effect

Del. Code tit. 12, § 701 Insufficient evidence of survivorship.

Where the title to property or the devolution thereof depends upon priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if each person had survived, except as otherwise provided in this chapter.

Del. Code tit. 12, § 702 Beneficiaries of another person’s disposition of property.

Where 2 or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.

Del. Code tit. 12, § 703 Joint tenants or tenants by the entirety.

Where there is no sufficient evidence that 2 joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one half as if 1 had survived and one half as if the other had survived. If there are more than 2 joint tenants and all of them have so died, the property thus distributed shall be in the proportion that 1 bears to the whole number of joint tenants.

Del. Code tit. 12, § 704 Insurance policies.

Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

Del. Code tit. 12, § 705 Retroactive effect of chapter.

This chapter shall not apply to the distribution of the property of a person who died before April 18, 1945.

Del. Code tit. 12, § 706 Application of chapter.

This chapter shall not apply in the case of wills, living trusts, deeds or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter.

Del. Code tit. 12, § 707 Uniformity of interpretation.

This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title12/c007/index.htmlFetched: 10/4/2026