Statute · California Probate Code

Cal. Prob. Code § 12401 — ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD

Cal. Prob. Code § 12401

Type
Statute
Source
California Probate Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

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…

Citator

Cal. Prob. Code § 12401 — ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD is in force in the current edition of the Code, and nothing recorded condemns it.

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.