Recently a Chicago probate court declared millionaire adventurer Steve Fossett dead five months after he disappeared while on a solo flight over the Nevada desert.  He had been the subject of an intensive search that yielded other human corpses.  Mr. Fossett’s wife succeeded in having his will entered into probate.

In California, the Probate Code provides a procedure for missing persons.  “Probate Code Section 12401 provides that a person who has not been seen or heard from for a continuous period of five years by those who are likely to have seen or heard from that person, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead.”

In the event that the person is presumed dead, the Probate Code provides that his estate “may be administered in the manner provided generally for the administration of estates of deceased person.”  Therefore, jurisdiction is with the probate department of the superior court of the missing person’s last known address.

In the event that the missing person left a will or trust, the person named in the document has first priority to be the executor or successor trustee.  In the event that the person died intestate (without a will), the normal priority for the selection of a personal representative is followed.

The rules for notice of hearing are the same except that the Probate Code requires that “notice of hearing on the petition shall also be sent by registered mail to the missing person at his or her last known address.”

At the hearing, the court must determine that the missing person is presumed to be dead.  Ideally evidence should be offered.  The court may order certain steps to be taken in order to satisfy itself.

In a subsequent blog post, I will discuss what happens in California if the missing person reappears!!

In the meantime, if we can be of assistance with a probate, estate administration, or estate planning, please give our office a call at 310-391-1311.