PROBATE COURTS AND DECEDENTS' ESTATES
ADMINISTRATORS AND THEIR APPOINTMENT
Administration of Estate of Person Presumed Dead
553:19 Presumption of Death.
In the absence of a death certificate, the fact of death may be established after an evidentiary hearing if the court finds by clear and convincing evidence:
I. That the person is presumed to have been killed as a result of some catastrophic event but his or her body could not be recovered; or
II. That the person has been absent for a continuous period of 4 years, during which time he or she has not been heard of or from, and whose absence is not satisfactorily explained after diligent search or inquiry. The individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
Source. 1872, 22:2, 3. GL 195:17. PS 188:18. PL 299:19. RL 352:19. 2005, 280:4, eff. Jan. 1, 2006.