(a) In the event that there is cause to believe that a person domiciled in this state is deceased, either by virtue of having been missing for more than five (5) years under § 16-40-105 or by the nature of his or her absence, any interested party may file an action in the probate division of circuit court seeking a legal declaration that the person is dead.
(b) A petition to declare a person legally dead shall include a detailed affidavit of one (1) or more persons that describes the:(1) Circumstances of the absence of the person the petitioner seeks to be declared legally dead; and(2) Significant attempts made to locate the person the petitioner seeks to be declared legally dead.
(1) Circumstances of the absence of the person the petitioner seeks to be declared legally dead; and
(2) Significant attempts made to locate the person the petitioner seeks to be declared legally dead.
(c) The venue for a petition filed under this section shall be in the county where the person whom the petitioner seeks to be declared legally dead resided at the time of his or her disappearance in accordance with § 28-40-102(a).
(d) (1) The petitioner shall provide notice of the proceeding under § 28-1-112 to:(A) Any person related within two (2) degrees of consanguinity of the missing person who can be reasonably located, unless the person waives the right to notice in writing;(B) Any person or entity with a financial interest in whether the relevant person is living or dead of at least five thousand dollars ($5,000); and(C) Any other person or entity that a court directs to be provided notice.(2) The petitioner shall publish notice of the proceeding in a newspaper published and having general circulation in the county under § 28-1-112(b)(4)(A).(3) (A) The notices described in this subsection (d) shall include a copy of the petition and the time, date, and location of the hearing.(B) The hearing shall occur no earlier than ninety (90) days after the filing of the petition.(C) (i) The court may continue the hearing for good cause shown by an interested party.(ii) If a hearing is continued under subdivision (d)(3)(C)(i) of this section, the petitioner or the court shall notify each person who appeared for the original hearing or who has filed a pleading in the matter.
(1) The petitioner shall provide notice of the proceeding under § 28-1-112 to:(A) Any person related within two (2) degrees of consanguinity of the missing person who can be reasonably located, unless the person waives the right to notice in writing;(B) Any person or entity with a financial interest in whether the relevant person is living or dead of at least five thousand dollars ($5,000); and(C) Any other person or entity that a court directs to be provided notice.
(A) Any person related within two (2) degrees of consanguinity of the missing person who can be reasonably located, unless the person waives the right to notice in writing;
(B) Any person or entity with a financial interest in whether the relevant person is living or dead of at least five thousand dollars ($5,000); and
(C) Any other person or entity that a court directs to be provided notice.
(2) The petitioner shall publish notice of the proceeding in a newspaper published and having general circulation in the county under § 28-1-112(b)(4)(A).
(3) (A) The notices described in this subsection (d) shall include a copy of the petition and the time, date, and location of the hearing.(B) The hearing shall occur no earlier than ninety (90) days after the filing of the petition.(C) (i) The court may continue the hearing for good cause shown by an interested party.(ii) If a hearing is continued under subdivision (d)(3)(C)(i) of this section, the petitioner or the court shall notify each person who appeared for the original hearing or who has filed a pleading in the matter.
(A) The notices described in this subsection (d) shall include a copy of the petition and the time, date, and location of the hearing.
(B) The hearing shall occur no earlier than ninety (90) days after the filing of the petition.
(C) (i) The court may continue the hearing for good cause shown by an interested party.(ii) If a hearing is continued under subdivision (d)(3)(C)(i) of this section, the petitioner or the court shall notify each person who appeared for the original hearing or who has filed a pleading in the matter.
(i) The court may continue the hearing for good cause shown by an interested party.
(ii) If a hearing is continued under subdivision (d)(3)(C)(i) of this section, the petitioner or the court shall notify each person who appeared for the original hearing or who has filed a pleading in the matter.
(e) (1) At the hearing, the court shall take evidence for the purpose of:(A) Determining whether a diligent and reasonable effort has been made to locate the missing person; and(B) Showing that the missing person is dead or alive.(2) A hearing under this section is subject to the Arkansas Rules of Evidence.(3) (A) If it is proven by a preponderance of evidence that the person has been missing for at least five (5) years, there is a rebuttable presumption that the person is dead under § 16-40-105.(B) If credible evidence establishes that it has been fewer than five (5) years since the person was known to be alive, the burden of proof for the petitioner shall be clear and convincing to establish that the person is now dead.(C) A finding by the court that the burden of proof of clear and convincing evidence to establish death has not been met shall not preclude the petitioner or another person from later filing a new petition once the person has been missing for more than five (5) years under subsection (a) of this section or with new material information.
(1) At the hearing, the court shall take evidence for the purpose of:(A) Determining whether a diligent and reasonable effort has been made to locate the missing person; and(B) Showing that the missing person is dead or alive.
(A) Determining whether a diligent and reasonable effort has been made to locate the missing person; and
(B) Showing that the missing person is dead or alive.
(2) A hearing under this section is subject to the Arkansas Rules of Evidence.
(3) (A) If it is proven by a preponderance of evidence that the person has been missing for at least five (5) years, there is a rebuttable presumption that the person is dead under § 16-40-105.(B) If credible evidence establishes that it has been fewer than five (5) years since the person was known to be alive, the burden of proof for the petitioner shall be clear and convincing to establish that the person is now dead.(C) A finding by the court that the burden of proof of clear and convincing evidence to establish death has not been met shall not preclude the petitioner or another person from later filing a new petition once the person has been missing for more than five (5) years under subsection (a) of this section or with new material information.
(A) If it is proven by a preponderance of evidence that the person has been missing for at least five (5) years, there is a rebuttable presumption that the person is dead under § 16-40-105.
(B) If credible evidence establishes that it has been fewer than five (5) years since the person was known to be alive, the burden of proof for the petitioner shall be clear and convincing to establish that the person is now dead.
(C) A finding by the court that the burden of proof of clear and convincing evidence to establish death has not been met shall not preclude the petitioner or another person from later filing a new petition once the person has been missing for more than five (5) years under subsection (a) of this section or with new material information.
(f) If the court enters a finding that a person is legally dead under this section, a probate action to administer the decedent's estate may be initiated in a new case.