All Roll Calls
Yes: 131 • No: 0
ArkansasHB18392025 Regular SessionHouse
TO AMEND THE PROCEDURES FOR THE DECLARATION OF LEGAL DEATH OF A MISSING PERSON.
Sponsored By: Alan Clark (Republican), Carol Dalby (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Estate protections for people still alive
An interested person can petition the court when there is good reason to believe someone listed as dead is alive. A detailed sworn statement must show a reasonable possibility that the person is alive. The court can order the estate's representative or the petitioner to follow the death-declaration notice and evidence procedures. These procedures replace the earlier list of search methods. A death finding is conclusive against the missing person only after the required notice and evidence procedures are completed. If those steps were followed but the person is alive, the person can recover their estate from its representative. They can also recover estate assets or proceeds from recipients, but only while those assets remain in their hands.
New death rulings for missing people
An interested party can ask a probate court to declare a missing person legally dead if Arkansas was their permanent home. The request can rest on an absence longer than five years or circumstances suggesting death. It must be filed in the county where the person lived when they disappeared. A detailed sworn statement must describe the absence and significant efforts to find the person. The petitioner must notify locatable blood relatives within two degrees of relationship, unless they waive notice in writing. Notice also goes to people or entities with at least $5,000 at stake and anyone else the court directs. Notice must include the petition and hearing details, and must also be published in a county newspaper. The hearing cannot occur until at least 90 days after filing. The court follows Arkansas evidence rules and reviews whether reasonable, diligent search efforts occurred and whether the person is alive. Proof that a five-year absence is more likely than not creates a presumption of death that evidence can rebut. Credible evidence that the person was alive less than five years ago requires clear and convincing proof of death. If that stronger proof fails, another petition is allowed after more than five years missing or with new material information. After a death ruling, estate administration can begin in a separate case.
Fewer mailed notices in estate cases
The law removes a registered-mail hearing notice requirement in estate-administration cases. That requirement sent notice to the alleged deceased person's last known home when death was doubtful. It also applied when an interested person made a written demand. This repeal does not itself set a replacement mailing requirement.
Sponsors & Cosponsors
Sponsors
Alan Clark
Republican • Senate
Carol Dalby
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/9/2025
Senate Vote - Wednesday, April 9, 2025 8:41:15 PM
Yes: 34 • No: 0
House vote • 3/31/2025
House Vote - Monday, March 31, 2025 2:33:25 PM
Yes: 97 • No: 0
Actions Timeline
Notification that HB1839 is now Act 692
4/16/2025HouseCorrectly enrolled and ordered transmitted to the Governor's Office.
4/10/2025HouseTO BE ENROLLED
4/10/2025HouseReturned from the Senate as passed.
4/10/2025HouseReturned to the House as passed.
4/9/2025SenateRead the third time and passed.
4/9/2025SenateReturned by the Committee, with the recommendation that it Do Pass
4/7/2025SenateRead first time, rules suspended, read second time, referred to JUDICIARY COMMITTEE - SENATE
3/31/2025SenateReceived from the House.
3/31/2025SenateRead the third time and passed and ordered transmitted to the Senate.
3/31/2025HouseReturned by the Committee Do Pass
3/20/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on JUDICIARY COMMITTEE- HOUSE
3/18/2025HouseFiled
3/18/2025House
Bill Text
HB1839 - Introduced
3/18/2025
Act Version
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