Estate planning often includes legal language that can feel overwhelming. One important term you may come across is the “survivorship clause.” This clause plays a big role in deciding who receives property after someone passes away.
How a survivorship clause works
A survivorship clause requires a beneficiary to outlive the deceased by a specific number of days to receive property. If they don’t meet that requirement, the next person in line—called a contingent beneficiary—gets the property instead. Most clauses use a period of 30, 60, or 90 days.
This rule helps prevent assets from transferring multiple times in quick succession. For example, if spouses die close together, this clause decides who legally outlives the other for inheritance purposes. It simplifies the distribution process and reduces complications.
Why people use survivorship clauses
These clauses bring clarity to estate distribution. Without one, the law must determine the order of death, which isn’t often clear. This can lead to disagreements between families or among heirs. This avoids confusion by spelling things out ahead of time.
People often include this clause in wills, trusts, life insurance policies, and property deeds. It ensures your property passes to the person you choose, without delay or legal conflict.
When a survivorship clause matters most
A survivorship clause makes a big difference in cases involving jointly owned property. If you own a home with someone else, and one of you dies, the clause controls who keeps ownership. In high-conflict families or second marriages, this clause can prevent disputes before they begin.
You should also pay close attention to it if you have minor children or multiple heirs. A clear clause helps keep your wishes intact and limits surprises for those you leave behind.
Think ahead and stay in control
A survivorship clause gives you control over what happens to your assets. Instead of letting the courts decide, you can make your intentions clear and reduce the chance of will contests in the future. This one clause can save your loved ones time, stress, and money, when it matters most.
