I, too, wonder about this. I think the family/brother of AK wants to try to ensure that DK doesn't dispose of any property (real estate or other) that may be jointly owned by AK. If Henao can convince the probate court in Florida that AK is missing and presumed deceased, then perhaps the probate court can appoint a conservator for AK's estate for the five-year waiting period for missing persons which would possibly put a hold on some of the marital assets. If there is evidence that AK is actually deceased (not just presumed deceased) before the five-year waiting period for missing persons, then the court can make that declaration of her death. I am guessing it is just to have a holding pattern of some of the assets.Yeah, I wondered about this. I assume they must have recently been informed of something? Otherwise, it would seem an odd move to go forward with this on the basis of probability.
But the strange thing is, that if AK is declared deceased in five years or sooner, then DK inherits the full estate. Perhaps Henao and the family believe that before the five year period is up, there will be evidence to charge DK with AK's murder. That may be what they are hoping for and planning for, so the conservatorship is really to represent AK as a missing person or "Absentee" with regard to her estate. I really doubt that Henao is going to show the Probate Court evidence from law enforcement that AK is deceased.
All of the above is JMO and IANAL.