Section 456.035

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 456

Effective - 28 Aug 2004   

  456.035.  Evidence as to death or status — five-year absence presumption of death. — 1.  A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death and the identity of the deceased settlor, trustee, beneficiary or other interested person.

  2.  A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report.

  3.  A person who is absent for a continuous period of five years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead.  His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.

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(L. 1983 H.B. 117, A.L. 2004 H.B. 1511)

Transferred 2004; formerly 456.620