§ 10–805
Statutes in effect as of October 1, 2026.
Md. Code Ann., Cts. & Jud. Proc. § 10-805 (2026)
Title 10. Evidence
Subtitle 8. Simultaneous Death
§ 10–805LinkCopy Citation
(a)
This section applies in addition to the rules of evidence.
(b)
Death occurs when an individual is determined to be dead in accordance with Title 5, Subtitle 2 of the Health – General Article.
(c)
(1)
A certified or authenticated copy of a death certificate issued in accordance with § 4–212 of the Health – General Article is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.
(2)
A certified or authenticated copy of any record or report by a foreign or domestic government agency that an individual is alive, missing, detained, or dead is prima facie evidence of the status, dates, circumstances, and places disclosed by the record or report.
(3)
In the absence of evidence disputing the time of death stated on a document described in paragraph (1) or (2) of this subsection, a document that states a time of death at least 120 hours after the time of death of another individual, regardless of how the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual described survived the other individual by 120 hours.
(d)
In the absence of prima facie evidence of death under subsection (c) of this section, the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
(e)
(1)
An individual whose death is not established under subsection (c) or (d) of this section is presumed to be dead when:
(i)
The individual has been entirely absent for a period of 5 continuous years; and
(ii)
After a diligent search or inquiry, the individual’s absence has not been satisfactorily explained.
(2)
In the absence of sufficient evidence to determine an individual’s death occurred earlier, an individual’s death presumed under this section is presumed to have occurred at the end of the 5–year period.