Legal Question in Wills and Trusts in California

Legally proclaiming missing person deceased.

I have an uncle who has been missing for 10 years. In

order to divide other family member's estates, which

include him, do we have to go through probate to

legally pronounce him dead and get a death certificate or is there any other way to settle the

wills or inheritances without legally declaring him dead?


Asked on 3/14/01, 6:18 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Legally proclaiming missing person deceased.

The gift can be deposited with the county treasurer, according to Probate Code sections 11850-11852.

However, if you wish the alternate beneficiaries to (eventually) get his portion, you may have to probate his estate.

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Answered on 5/23/01, 2:45 pm


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