Previously I wrote about the administration of a person’s estate in California – the law is the same in southern California as it is in northern California – when a person is missing.  There is an entire procedure in the California probate code for administering that person’s estate. 

What happens if the person reappears after the “estate” has been distributed?

The probate code states that if he reappears he may “recover property of the missing person’s estate in the possession of the personal representative, less fees, costs, and expenses thus for incurred.”

Moreover, he may also recover from people that have received the property, “that which is in their possession, or the value of distributions received by them, that the extent that recovery from distributees is equitable”.  However, such an action is only allowed for five years from the time the distribution was made.

In the event that there is a dispute “as to the identity of a person claiming to be a reappearing missing person, the person making the claim, or any other interested person may file a petition” for a court determination of the identity of the person who is contending that he is the missing person.

Thus, California law provides a remedy not only for families to move on if there is a missing person, but also a remedy for a person who was missing for whatever reason who reappears.

In the event that you have a probate question and are not represented by an attorney, please give our office a call at 1888EZProbate or at 310-391-1311.