---
title: O.C.G.A. § 53-10-3. Disposition of property upon simultaneous death of beneficiary and another individual where interest depends on survival.
collection: code
id: 53-10-3
cite_as: O.C.G.A. § 53-10-3 (2025)
canonical_url: https://georgiacommons.org/code/53-10-3
md_url: https://georgiacommons.org/code/53-10-3.md
text_url: https://georgiacommons.org/code/53-10-3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=722
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/53-10.md
previous: https://georgiacommons.org/code/53-10-2.md
next: https://georgiacommons.org/code/53-10-4.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / SIMULTANEOUS DEATH
---

# O.C.G.A. § 53-10-3. Disposition of property upon simultaneous death of beneficiary and another individual where interest depends on survival.

If property is so disposed of that the right of a beneficiary to succeed to any interest in such property is conditional upon surviving another individual and both individuals die and there is no sufficient evidence that the two have died other than simultaneously, the beneficiary shall be deemed not to have survived. If there is no sufficient evidence that two or more beneficiaries have died otherwise than simultaneously and property has been disposed of in such a way that at the time of their deaths each beneficiary would have been entitled to the property if that beneficiary had survived the others, the property shall be divided into as many equal portions as there were such beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each such beneficiary survived.

## History

Code 1981, § 53-10-3, enacted by Ga. L. 1996, p. 504, § 10.