How to Petition the Court to Declare Someone Deceased

You can petition the Court to declare someone deceased.

A person who is legally entitled to specific rights and property upon another person's death can request the declaration of the person's death by the Court. After reviewing the filed petition, the Court will discuss and either accept or deny the petition for declaration of death. The court looks at the surrounding circumstances of the person's death or disappearance in determining whether death should or should not be declared.

Instructions

Procedure for Filing a Petition for the Court to Declare Someone Deceased

1. 

   File the petition along with all evidence substantiating the request for the declaration.

   File the petition along with evidence that proves the person has been missing for at least two years and that you have completed all the necessary steps to try and locate the missing person.

2. 

   The Court may reconsider its decision regarding the petition.

   Wait for the Court to make its decision to accept or deny the petition for declaration. The Court has 15 days after accepting the petition to revoke the acceptance.

3. 

   Begin the legal process to claim what is entitled to you.

   Begin the legal process of acquiring what is legally entitled to you after the Court accepts the petition by going through the probate process of the state.

References

• Toann.gov: Procedure for Resolving Some Types of Civil Matters