The topic of dealing with the estate of a missing person can be difficult, both emotionally and legally. When it comes to California, the specific laws governing this situation can be found in the California Probate Code Sections 12400-12404. These sections address the presumption of death for missing individuals and dictate the proceedings for managing their estate. If a person has been missing for a continuous period of five years, they are presumed deceased under California law, thereby laying the groundwork for initiating the probate process and obtaining a death certificate.

The Process of Declaring a Missing Person Deceased

The procedure of obtaining a death certificate for a missing person and administering their estate is generally threefold:

Step 1: Evidence Collection

Once a person has been missing for five years, it becomes crucial to gather pertinent evidence. This evidence may include police reports, newspaper articles, court records, or any other supporting documents that corroborate the presumption of death.

Step 2: Filing a Petition with the Probate Court

The next step in declaring a missing person legally deceased is filing a petition with the probate court. This process usually takes place in the county where the missing individual lived or where their estate is situated. The petition should encompass all the collected evidence, along with a request for the court to pronounce the missing person as deceased.

Step 3: Court Evaluation and Verdict

The probate court will examine the evidence provided in the petition. It will take into consideration the conditions surrounding the person's disappearance and make a judgment based on the California Probate Code. If the court is convinced by the evidence, it may issue a court order declaring the missing person deceased. This court order can then be used to apply for a death certificate from the California Department of Public Health.

Read more: Credit Card Debt After Death: Who's Responsible?

Proceeding Afterward

With a court order and death certificate, the missing person's estate can be administered as any other. If the estate is substantial enough to necessitate a formal probate, the court's order declaring the person deceased will be followed by a petition to the probate court to probate their estate. If the deceased person's estate doesn't require probate court involvement, the death certificate can be used to close down accounts and administer the estate accordingly.

However, the main obstacle in these circumstances is the mandatory five-year waiting period, during which very little can be done to administer the person’s estate. This issue becomes more complex when real property is involved. If the family intends to keep the property, they must ensure its maintenance and prevent foreclosure if there is a mortgage on the property.

Read more: How to Settle an Estate in California | When is Probate Required?

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