Bill > HB1839

This bill amends Arkansas state law to establish more comprehensive and detailed procedures for declaring a person legally dead when they have been missing. The bill requires that any interested party seeking a legal declaration of death must file a petition in probate court, including a detailed affidavit describing the circumstances of the person's absence and significant attempts to locate them. The petition must be filed in the county where the missing person last resided, and the petitioner must provide notice to relatives within two degrees of consanguinity, individuals or entities with a financial interest of at least $5,000, and other parties as directed by the court. The bill establishes different evidentiary standards based on the duration of the person's absence: if the person has been missing for at least five years, there is a rebuttable presumption of death, while for absences shorter than five years, the petitioner must provide clear and convincing evidence of death. The bill also allows for continued hearings, provides for potential future petitions if the initial petition is unsuccessful, and permits the initiation of a probate action to administer the estate if the court finds the person legally dead. These changes aim to provide a more structured and thorough process for addressing situations involving missing persons and potential legal declarations of death.

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https://arkleg.state.ar.us/Bills/Detail?id=hb1839&ddBienniumSession=2025%2F2025R