Florida Statute 732.601
“Simultaneous Death Law”
What it means
Section 732.601 applies when title to property or its devolution depends on priority of death and there is insufficient evidence that the persons died other than simultaneously. Unless a contrary intention appears in the governing instrument, the property of each person is disposed of as if that person survived (subsection (1)).
Subsections (2) to (4) add three rules. Successive beneficiaries who cannot be shown to have died other than simultaneously: the property is divided into equal parts, one for each beneficiary, and each part goes to those who would have taken had that beneficiary survived. Joint tenants and tenants by the entirety: one-half is distributed as if one survived and one-half as if the other survived. Life or accident insurance: proceeds are distributed as if the insured survived the beneficiary.
The section sets no required survival period. It applies only where the evidence is insufficient.
- Applies only where there is insufficient evidence that the persons died other than simultaneously (§ 732.601(1)).
- Yields to a contrary intention in the governing instrument (§ 732.601, introductory text).
- General rule: each person's property is disposed of as if that person survived (§ 732.601(1)).
- Successive beneficiaries: the property is divided into equal parts, one per beneficiary (§ 732.601(2)).
- Joint tenants and tenants by the entirety: one-half is distributed as if one had survived and one-half as if the other had survived (§ 732.601(3)).
- Life or accident insurance: proceeds are distributed as if the insured survived the beneficiary (§ 732.601(4)).
Text of the statute (2026)
Unless a contrary intention appears in the governing instrument:
(1) When title to property or its devolution depends on priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if that person survived.
(2) When two or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is insufficient evidence that the beneficiaries died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal parts as there are successive beneficiaries and the parts shall be distributed to those who would have taken if each designated beneficiary had survived.
(3) When there is insufficient evidence that two joint tenants or tenants by the entirety died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants.
(4) When the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.601.
History. s. 1, ch. 74-106; s. 34, ch. 75-220; s. 966, ch. 97-102; s. 50, ch. 2001-226.
How it applies
The section turns on evidence. If the evidence shows that one person outlived the other, the section's condition (insufficient evidence of anything other than simultaneous death) is not met. If the evidence is insufficient, each person's property follows that person's own line: a will or intestacy for each estate, joint property split in half, and insurance paid as if the insured survived the beneficiary. A governing instrument that states a contrary intention, such as a will or trust with a survivorship requirement, displaces the statute.
Questions people ask
Sources
- Fla. Stat. § 732.601 (2026) (Entire section: introductory text and subsections (1)-(4).)
Last checked: October 17, 2026
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