Idaho State Statutes - Idaho Attorney Directory

Subject to
extension by the provisions of section 15-2-104 and section 15-2-601 of this
code, where the title to property or the devolution thereof depends upon
priority of death and there is no sufficient evidence that the persons have
died otherwise than simultaneously, the property of each person shall be
distributed as if he had survived, except as otherwise provided in this
section.
(a) Where two (2) or more beneficiaries are designated to take
successively by reason of survivorship under another person's distribution 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.
(b) Where there is no sufficient evidence that two (2) joint tenants have
died otherwise than simultaneously, the property so held shall be distributed
one-half (1/2) as if one had survived and one-half (1/2) as if the other had
survived. If there are more than two (2) joint tenants and all of them have so
died, the property thus distributed shall be in the proportion that one bears
to the whole number of joint tenants.
(c) 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.
(d) This section 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 the section.
(e) This section shall be so construed and interpreted as to effectuate
its general purpose to make uniform the law in those states which enact it.
(f) This section may be cited as the "uniform simultaneous death act."

Click here to visit the Official Idaho State Statutes