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 the alleged decedent's death is in doubt. It also modifies the search procedures for alleged decedents, allowing the court to direct interested parties to carry out searches based on the new provisions. The finality of the court's order regarding the finding of death is also clarified, ensuring that if the required notice and search provisions are followed, the finding of death will be conclusive unless contested.
Statutes affected: HB 1839: 28-8-102, 28-1-112, 16-40-105, 28-40-110(c)
Act 692: 28-8-102, 28-1-112, 16-40-105, 28-40-110(c)