The bill amends the procedures for declaring a missing person legally dead in Arkansas. It introduces a new legal framework that allows interested parties to file a petition in probate court if they believe a person has been missing for more than five years or if there are circumstances suggesting the person is deceased. The petition must include a detailed affidavit outlining the circumstances of the person's absence and the efforts made to locate them. Additionally, the bill specifies that notice of the proceedings must be provided to certain relatives and interested parties, and it establishes a rebuttable presumption of death if the person has been missing for at least five years.

Furthermore, the bill repeals the requirement for sending notice of a hearing by registered mail when the fact of death is in doubt and modifies the search procedures for alleged decedents. It emphasizes that the court must ensure diligent efforts have been made to locate the missing individual before declaring them legally dead. The bill also clarifies that if a court finds a person legally dead, a probate action can be initiated to administer the decedent's estate. Overall, these changes aim to streamline the process and provide clearer guidelines for declaring a missing person legally dead.

Statutes affected:
HB 1839: 28-8-102, 28-1-112, 16-40-105, 28-40-110(c)