California Probate Code PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD

  • Section 12400.
    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...
  • Section 12401.
    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...
  • Section 12402.
    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...
  • Section 12403.
    (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...
  • Section 12404.
    (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...
  • Section 12405.
    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...
  • Section 12406.
    (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...
  • Section 12407.
    (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...
  • Section 12408.
    (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,...

Last modified: October 22, 2018