How long does it take for a missing person to be declared dead?
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How long does it take for a missing person to be declared dead?
Asked on November 2, 2015 under Insurance Law, Minnesota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In attempting to determine whether a missing person has died there is a legal presumption that they are alive until proved dead. Where evidence indicates that the mising person was subject to a particular peril, they will be legally presumed dead; in MN this time period is 4 years (but this time period may be shortened such as in the case of an airplane crash, etc. when no body is found).
That all havig been said, a court will not make the assumption that a missing person is dead unless it is reasonable to assume so, therefore a person will not be declared legally dead without proof that a genuine and complete search was made for them.
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