The 120-hour rule is a legal provision that requires a beneficiary to survive the deceased by at least 120 hours (five days) to inherit under a will, trust, or state intestacy law. If the beneficiary dies within that window, they are treated as having predeceased the person who died first, which redirects the inheritance to alternate beneficiaries. The tragic deaths of Oscar-winning actor Gene Hackman and his wife Betsy Arakawa in February 2025 illustrate exactly why this rule exists—and why the default five-day period may not be long enough to protect your family’s intentions.
What Happened to Gene Hackman’s $80 Million Estate?
When maintenance workers discovered Gene Hackman and Betsy Arakawa deceased in their Santa Fe, New Mexico home on February 26, 2025, investigators faced a question that extended far beyond the criminal inquiry: who died first, and by how much? The medical examiner’s investigation determined that Arakawa, age 65, likely died from hantavirus pulmonary syndrome around February 12, 2025. Hackman, age 95 and suffering from advanced Alzheimer’s disease, died approximately six days later on February 18 from heart disease complications. His pacemaker data confirmed the timeline. Due to his severe cognitive decline, Hackman likely never realized his wife had passed away in another room of their home.
The timing of their deaths created an estate planning crisis that will likely take years and significant legal fees to resolve. Hackman’s will, originally signed in 1995 and last amended in 2005, left his entire estimated $80 million fortune to Betsy as the sole beneficiary. The will contained no alternate beneficiaries, no extended survivorship clause, and no provisions addressing what should happen if Betsy predeceased him or died shortly after him. His three adult children—Christopher (65), Elizabeth (62), and Leslie (58)—were not mentioned anywhere in the document, despite the fact that Hackman had reportedly grown closer to them in recent years. Additionally, Hackman’s named successor personal representative, his former attorney Michael G. Sutin, had died in 2019, and the will was never updated to name a replacement.
Arakawa’s estate planning was significantly more sophisticated and demonstrates the kind of contingency planning that every estate plan should include. Her will contained a 90-day survivorship clause specifying that if both spouses died within 90 days of each other, her assets would bypass Hackman’s estate entirely and flow directly into a charitable trust. Because the couple died within approximately six days of each other—well within her 90-day window—her survivorship clause triggered exactly as intended. Her assets will go to the charities she selected rather than passing through Hackman’s estate and potentially ending up with beneficiaries she never chose.
What Is the 120-Hour Rule in Estate Planning?
The 120-hour rule, also known as the Uniform Simultaneous Death Act, is a legal provision adopted by the District of Columbia and most U.S. states to address inheritance when two people die close together in time. Under this rule, if a beneficiary does not survive the deceased person by at least 120 hours (five days), the law treats that beneficiary as having died first. This prevents assets from passing through someone’s estate only to immediately pass again through another estate, potentially redirecting wealth to unintended recipients and triggering multiple rounds of probate fees and estate taxes.
The purpose of the 120-hour rule becomes clear when you consider a common scenario: a married couple where each spouse’s will leaves everything to the other. If both are in a car accident and the wife dies at the scene while the husband dies two days later in the hospital, without a survivorship rule, the husband would technically inherit everything from his wife during those two days. When he dies, all of her assets—now part of his estate—would pass according to his will, not hers. Her intended beneficiaries would receive nothing. The 120-hour rule prevents this by requiring the husband to survive by at least five days to inherit. If he doesn’t, each spouse’s estate passes independently to their own designated beneficiaries.
In the District of Columbia, the 120-hour rule is codified at D.C. Code Title 19, Chapter 5, which provides that an individual who is not established by clear and convincing evidence to have survived another individual by 120 hours is deemed to have predeceased that individual. This applies to wills, trusts, intestate succession, and most other transfers that depend on survivorship. Similar statutes exist in Virginia, Maryland, and Florida, though the specific requirements and exceptions vary by jurisdiction, which is why multi-state estate planning requires careful attention to each state’s rules.
Why the Default 120-Hour Rule Wasn’t Enough
Here is the critical lesson from the Hackman case: the default 120-hour rule didn’t apply because Hackman survived his wife by approximately six days—more than 120 hours. Under New Mexico’s default rule, Hackman legally inherited Arakawa’s assets before he died. Those assets then became part of his estate and will be distributed according to his will (which left everything to his now-deceased wife) or, more likely, through intestate succession because his will’s primary beneficiary predeceased him and no alternate was named. His children, whom he deliberately excluded from his estate plan, may ultimately inherit his entire fortune simply because he survived his wife by one day more than the statutory minimum.
Arakawa’s planning demonstrates the solution. Rather than relying on the default 120-hour period, she extended her survivorship requirement to 90 days. This is a common estate planning technique that provides a much larger buffer against near-simultaneous deaths. Some attorneys recommend 30-day survivorship clauses as a minimum, while others suggest 60 or 90 days depending on the client’s circumstances and concerns. The key insight is that you can override the default rule by including a longer survivorship period in your will or trust. The document’s provisions control; the state’s 120-hour rule only applies when your documents are silent on the issue.
When Do Survivorship Clauses Matter Most?
The Hackman case involved unusual circumstances—hantavirus and advanced Alzheimer’s in an isolated home—but simultaneous or near-simultaneous deaths happen far more often than most people realize. Car accidents are the most common scenario, but house fires, natural disasters, plane crashes, and shared medical emergencies all create situations where spouses, parents and children, or other family members die within hours or days of each other. In these emotionally devastating situations, the last thing grieving families need is a protracted legal battle over which estate gets which assets and who ultimately inherits. Proper survivorship planning prevents these disputes entirely by making the outcome clear regardless of who technically died first.
Blended families face particularly high stakes when survivorship clauses are absent or inadequate. Consider a second marriage where each spouse has children from prior relationships. The husband’s will leaves everything to his current wife, with his children as alternate beneficiaries. The wife’s will leaves everything to her husband, with her children as alternates. If they die in a car accident and the wife survives the husband by three days but less than 120 hours, the default rule treats the husband as having survived, so his assets go to his children. But if she survives by six days, she inherits everything from him, and when she dies, all of their combined assets go to her children—his children get nothing. A 30-day or 60-day survivorship clause in both wills would prevent this arbitrary outcome by ensuring each spouse’s assets pass to their own designated beneficiaries whenever they die within the specified period of each other.
How to Protect Your Estate Plan from Simultaneous Death Scenarios
Every comprehensive estate plan should address simultaneous or near-simultaneous death scenarios, regardless of the size of your estate. The Hackman case involved $80 million, but the same principles apply whether your estate is worth $80,000 or $800,000. First, include an extended survivorship clause in your will and any revocable trusts. Rather than relying on your state’s default 120-hour rule, specify that beneficiaries must survive you by 30, 60, or 90 days to inherit. This gives your estate time to determine the actual order of deaths, settle any immediate disputes, and ensure assets flow to your intended recipients. Your estate planning attorney can help you determine the appropriate length based on your family situation, the complexity of your assets, and your specific concerns.
Second, name alternate beneficiaries for every significant bequest and fiduciary role. Hackman’s will named only his wife as beneficiary with no backup, which created the current uncertainty. Every time you name a primary beneficiary, also name one or two alternates who will receive that bequest if the primary beneficiary cannot. The same principle applies to your executor, trustee, power of attorney agent, and healthcare proxy. Hackman’s designated successor personal representative died in 2019, and the will was never updated—a common oversight that creates unnecessary complications and delays. Your documents should include at least two levels of successors for every fiduciary role.
Third, review your estate plan every three to five years and after any major life event. Hackman’s will hadn’t been updated in twenty years, despite significant changes in his family relationships, his health, and his financial situation. Regular reviews ensure your documents reflect your current intentions, name people who are still alive and capable of serving, and account for changes in state and federal law that might affect your plan. Major life events that should trigger a review include marriage, divorce, birth or adoption of children or grandchildren, death of a beneficiary or fiduciary, significant changes in assets or income, moving to a new state, and changes in health status for you or your spouse.
What Washington, D.C. Residents Need to Know About Survivorship Rules
The District of Columbia has adopted the Uniform Simultaneous Death Act, so the 120-hour survivorship rule applies by default to D.C. residents. However, this default may not align with your intentions, particularly if you have a blended family, significant assets, or property in multiple states. D.C.’s rule applies to wills, trusts, intestate succession, joint tenancy property, and most beneficiary designations, but life insurance policies and retirement accounts may be governed by the specific terms of those contracts rather than state law. A comprehensive estate plan addresses these nuances and ensures consistent treatment across all your assets.
Many D.C. residents own property in multiple jurisdictions—a home in the District, a beach house in Delaware or Maryland, investment property in Virginia, or a retirement home in Florida. Each state has its own survivorship rules, and real property is generally governed by the law of the state where it’s located. This can create inconsistent results if your estate plan doesn’t explicitly address survivorship with a clause that overrides each state’s default rule. For clients with multi-state property holdings, I typically recommend a survivorship clause that is enforceable under the laws of all relevant jurisdictions, often combined with a revocable trust that can provide more consistent treatment than a will alone.
Frequently Asked Questions About Survivorship Clauses
What is the difference between a survivorship clause and the 120-hour rule?
The 120-hour rule is the default legal standard that applies when your estate planning documents are silent on survivorship. A survivorship clause is a provision you add to your will or trust that specifies a different period—typically 30, 60, or 90 days. When your documents include a survivorship clause, it overrides the state’s default rule. This gives you control over how close-in-time deaths are handled rather than leaving it to a one-size-fits-all statutory provision.
Can a survivorship clause be too long?
Yes. While longer survivorship periods provide more protection against near-simultaneous deaths, they also delay the distribution of your estate. A 90-day survivorship clause means your beneficiaries must wait at least 90 days after your death before they can receive their inheritance, even in straightforward situations. Some clients are uncomfortable with this delay, particularly if beneficiaries have immediate financial needs. Most estate planning attorneys recommend 30 to 60 days as a reasonable balance between protection and practicality, with 90 days reserved for situations involving significant wealth or complex family dynamics.
Do survivorship clauses apply to life insurance and retirement accounts?
Life insurance policies and retirement accounts like 401(k)s and IRAs pass by beneficiary designation, not through your will. Whether a survivorship requirement applies depends on the terms of the specific policy or account and, in some cases, federal law. Many beneficiary designation forms allow you to add survivorship language, but the standard forms often do not include it by default. Review your beneficiary designations with your estate planning attorney to ensure they align with your overall survivorship strategy.
What happens if both spouses die and neither survives the survivorship period?
If neither spouse survives the other by the required period, each spouse’s estate is distributed as if the other spouse had died first. This means each estate passes to that person’s alternate beneficiaries rather than flowing through the other spouse’s estate. This is exactly the outcome survivorship clauses are designed to achieve: ensuring that each person’s assets go to the people they chose, not to their spouse’s beneficiaries by accident of timing.
The Bottom Line: Plan for Scenarios You’d Rather Not Imagine
Gene Hackman had access to the best estate planning attorneys in the country and an $80 million fortune worth protecting. Yet his estate plan created exactly the kind of uncertainty, family conflict, and potential litigation that proper planning is designed to prevent. The lesson is not that Hackman was careless or poorly advised in 1995 when he signed his will. The lesson is that estate planning is not a one-time event. It requires regular attention, periodic updates, and the willingness to think carefully about scenarios we would all rather not imagine: What if your spouse dies first? What if you both die in the same week? What if the people you’ve named to handle your affairs are no longer available when you need them?
Survivorship clauses, alternate beneficiaries, and successor fiduciaries are not optional extras for wealthy celebrities. They are fundamental components of any estate plan that is expected to actually work when the time comes. The default 120-hour rule provides minimal protection that may not align with your intentions. Taking the time now to address these scenarios explicitly—in writing, in properly executed documents—is the difference between an estate plan that honors your wishes and one that sends your family to probate court to fight over what you really meant.
About the Author: Kevin C. Martin is an estate planning attorney licensed in Washington, D.C., Georgia, and Florida, with co-counsel relationships in Virginia and Maryland. His practice focuses on families with complex planning needs, including multi-jurisdictional assets, blended families, and clients in the Foreign Service and federal government. To discuss whether your estate plan adequately addresses survivorship scenarios, schedule a consultation at kevinmartinlaw.com.