cloudajo
Bob Harrod, Missing from Placentia, CA
- Joined
- Oct 9, 2007
- Messages
- 1,734
- Reaction score
- 75
In CA, a person is presumed dead if not seen or heard from for a continuous period of 5 years (so that would mean 4 years from now in Bob's case).
An exception to this period of time might be made by the court if the person was exposed to imminent peril and fail to return, like a plane crash. A person would petition the court to declare a missing person dead, and the petitioner has the burden of producing evidence to show this presumption.
California Evidence Code Section 667
667. A person not heard from in five years is presumed to be dead.
California Probate Code Sections 12401, 12402, 12406
12401. In proceedings under this part,a person who has not been seen or heard from for a continuous period of five years by those who are likely to have seen or heard from that person, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The person's death is presumed to have occurred at the end of the period unless there is sufficient evidence to establish that death occurred earlier.
12402. Subject to the provisions of this part, the estate of a missing person may be administered in the manner provided generally for the administration of estates of deceased persons.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=evid&group=00001-01000&file=660-670
http://law.justia.com/california/codes/prob/12400-12408.html
An exception to this period of time might be made by the court if the person was exposed to imminent peril and fail to return, like a plane crash. A person would petition the court to declare a missing person dead, and the petitioner has the burden of producing evidence to show this presumption.
California Evidence Code Section 667
667. A person not heard from in five years is presumed to be dead.
California Probate Code Sections 12401, 12402, 12406
12401. In proceedings under this part,a person who has not been seen or heard from for a continuous period of five years by those who are likely to have seen or heard from that person, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The person's death is presumed to have occurred at the end of the period unless there is sufficient evidence to establish that death occurred earlier.
12402. Subject to the provisions of this part, the estate of a missing person may be administered in the manner provided generally for the administration of estates of deceased persons.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=evid&group=00001-01000&file=660-670
http://law.justia.com/california/codes/prob/12400-12408.html