Best Answer

It might depend on the state or country you live in. I think in California (U.S.), it is seven years. * In the US the rule of common law applies. After 7 years from the date of the last known contact with the individual, persons who have just cause can file a petition in state court to have the missing individual declared "legally dead." The court will require that evidence be submitted to prove that an earnest attempt was made to discover the whereabouts of the missing person. Such evidence would be a search of public records, statements from relatives, friends, co-workers, police reports, etc. If the individual disappeared under unusual circumstances, for example after a threat was made upon their life, then the process becomes even more complicated, especially when it relates to life insurance benefits and other financial matters. The decision, as in the majority of civil matters will be determined by the court according to the laws of the state in which the missing individual resided.

User Avatar

Wiki User

โˆ™ 2006-08-23 12:51:38
This answer is:
User Avatar
Study guides

Add your answer:

Earn +20 pts
Q: How long does a person who is missing have to be gone before they are considered deceased?
Write your answer...
Still have questions?
magnify glass
Related questions

How many hours are you considered a missing person?

If you're gone for twelve hours, you will be considered a missing person.

How long before a missing person is declared legally dead?

It depends what state you are in but in California it is seven years. If someone has been missing for more than 7 years they are declared legally deceased.

In Michigan how long does a minor have to be missing from home before they are considered a runaway?

Due to AMBER laws there is no 'waiting time' limit before a minor can be designated a runaway or missing person.

Why should you use 'was' in a question about someone who lived before but who is now deceased rather than using 'is' in the question?

The verb 'is' denotes present tense. A deceased person, the deceased wife of the person, and the deceased children of that person are not living in the present tense. Therefore, 'was' is the appropriate verb.

Are bank accounts or CD accounts of a deceased person considered personal property?


How long before a search is started for a missing person?

24 hours after being reported missing.

How do you answer 'Place of residence' on a legal form when it refers to a deceased person?

Just write "deceased." * In all likelihood the request is for the last known address where the person lived before they died.

Can a check written by a deceased person be cashed?

It is highly unlikely that a bank will cash a check written by a deceased person. The bank has no way to verify that the check was written before the death.

Can a person drive deceased person legally?

can a person drive a vehicle of a deceased person that is deliquent in payments

How long before a missing person search is called off?

It depends on the circumstances and the person involved.

How does probate handle the sale of a home?

If the person who owned the home is now deceased, that person's estate must be probated before the home can be sold. Probate is what authorizes someone representing the estate of the deceased person to sell the home.

Can you file a deceased person on your taxes?

No. A deceased person is not a taxable person. and as such it cannot be filed as taxable person or entity.

People also asked