Most couples name each other as primary beneficiaries on their life insurance and never think about what happens if they die at the same time or within days of each other. It’s an uncomfortable question, but Tennessee has specific laws for it, and the answer for life insurance isn’t always what people expect.
Two Different Rules in Tennessee
The Tennessee Uniform Simultaneous Death Act handles different types of property in different ways.
| Type of Transfer | How Tennessee Generally Treats It |
|---|---|
| Inheritance with no will, and gifts under a will | A person must survive the deceased by 120 hours, or they’re treated as having died first, unless the will says otherwise |
| Life insurance and other non-probate transfers | The 120-hour rule generally doesn’t apply; separate simultaneous death provisions govern when there’s no sufficient evidence of who died first |
The Tennessee Supreme Court has also held that “simultaneously” means at the same time, not within 120 hours.
Why That Gap Matters
If a beneficiary outlives the insured by even a short time, the life insurance proceeds may pass to that beneficiary’s estate. From there, the money follows the beneficiary’s will or Tennessee’s inheritance rules, which may not match what the insured intended, especially in blended families.
Ways Families Plan Around It
- Name contingent beneficiaries: A backup beneficiary gives the insurer clear direction.
- Check for a survivorship clause: Some policies or beneficiary designations require the beneficiary to outlive the insured by a set number of days.
- Coordinate with a trust: Naming a trust can keep proceeds on the path you chose.
- Review after life changes: Marriage, divorce, and new children are all reasons to update designations.
Our post on life insurance in estate planning covers related planning ideas. Because these laws interact with wills and property ownership, a Tennessee estate attorney should review your plan.
Trippett Insurance Agency in Bartlett, TN can help you review your life insurance beneficiary designations. Families in Bartlett, TN and the greater Memphis area can reach out to Trippett Insurance Agency with questions.
