Enacted by Stats. 1990, Ch. 79.
Unless the provision or context otherwise requires, as used in this part, “missing person” means a person who is presumed to be dead under Section 12401.
Part 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD
California Probate Code — §§ 12400-12408
Sections (9)
Enacted by Stats. 1990, Ch. 79.
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.
Enacted by Stats. 1990, Ch. 79.
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.
Enacted by Stats. 1990, Ch. 79.
(a)If the missing person was a resident of this state when last seen or heard from, the superior court of the county of the person’s last known place of residence has jurisdiction for the purposes of this part.
(b)If the missing person was a nonresident of this state when last seen or heard from, the superior court of a county where real property of the missing person is located, or of a county where personal property is located if the missing person has no real property in this state, has jurisdiction for the purposes of this part.
Enacted by Stats. 1990, Ch. 79.
(a)A petition may be filed in the court having jurisdiction under Section 12403 for the administration of the estate of a missing person.
(b)The petition may be filed by any person who may be appointed as a personal representative, other than a person described in subdivision (r) of Section 8461.
(c)In addition to the matters otherwise required in a petition for administration of the estate, the petition shall state all of the following:
(1)The last known place of residence and the last known address of the missing person.
(2)The time and circumstances when the missing person was last seen or heard from.
(3)That the missing person has not been seen or heard from for a continuous period of five years by the persons likely to have seen or heard from the missing person (naming them and their relationship to the missing person) and that the whereabouts of the missing person is unknown to those persons and to the petitioner.
(4)A description of the search or the inquiry made concerning the whereabouts of the missing person.
Enacted by Stats. 1990, Ch. 79.
Notice of hearing shall be served and published, and proof made, in the same manner as in proceedings for administration of the estate of a decedent, except that notice of hearing on the petition shall also be sent by registered mail to the missing person at his or her last known address.
Enacted by Stats. 1990, Ch. 79.
(a)At the hearing, the court shall determine whether the alleged missing person is a person who is presumed to be dead under Section 12401. The court may receive evidence and consider the affidavits and depositions of persons likely to have seen or heard from or know the whereabouts of the alleged missing person.
(b)If the court is not satisfied that a diligent search or inquiry has been made for the missing person, the court may order the petitioner to conduct a diligent search or inquiry and to report the results. The court may order the search or inquiry to be made in any manner that the court determines to be advisable, including any or all of the following methods:
(1)Inserting in one or more suitable newspapers or other periodicals a notice requesting information from any person having knowledge of the whereabouts of the missing person.
(2)Notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the missing person.
(3)Engaging the services of an investigator.
(c)The costs of a search ordered by the court pursuant to subdivision (b) shall be paid by the estate of the missing person, but if there is no administration, the court in its discretion may order the petitioner to pay the costs.
Enacted by Stats. 1990, Ch. 79.
(a)If the court finds that the alleged missing person is a person presumed to be dead under Section 12401, the court shall do both of the following:
(1)Appoint a personal representative for the estate of the missing person in the manner provided for the estates of deceased persons.
(2)Determine the date of the missing person’s death.
(b)The personal representative shall administer the estate of the missing person in the same general manner and method of procedure, and with the same force and effect, as provided for the administration of the estates of deceased persons, except as otherwise provided in this part.
Enacted by Stats. 1990, Ch. 79.
(a)If the missing person reappears:
(1)The missing person may recover property of the missing person’s estate in the possession of the personal representative, less fees, costs, and expenses thus far incurred.
(2)The missing person may recover from distributees any property of the missing person’s estate that is in their possession, or the value of distributions received by them, to the extent that recovery from distributees is equitable in view of all the circumstances, but an action under this paragraph is forever barred five years after the time the distribution was made.
(b)The remedies available to the missing person under subdivision (a) are exclusive, except for any remedy the missing person may have by reason of fraud or intentional wrongdoing.
(c)Except as provided in subdivisions (a) and (b), the order for final distribution, when it becomes final, is conclusive as to the rights of the missing person, the rights of the beneficiaries of the missing person, and the rights of all other persons interested in the estate.
(d)If a dispute arises as to the identity of a person claiming to be a reappearing missing person, the person making the claim or any other interested person may file a petition under Section 11700, notwithstanding the limitations of time prescribed in Section 11700, for the determination of the identity of the person claiming to be the reappearing missing person.