MD HB199

Requires an individual to survive another person by at least 120 hours (5 days) to inherit property; otherwise the survivor is deemed to have predeceased the decedent for inheritance purposes

Applies to property titles, devolution of property, rights to elect property interests, and exempt property/homestead/family allowance determinations

Establishes clear and convincing evidence as the standard for proving survival, with certified death certificates serving as prima facie evidence of death facts

Creates a presumption of death when an individual has been entirely absent for 5 continuous years and their absence cannot be satisfactorily explained after diligent search

Protects payors and third parties from liability when distributing assets in good faith reliance on apparent entitlement, unless they received written notice of a claimed lack of entitlement

Takes effect October 1, 2026