Legal Question in Wills and Trusts in Massachusetts

Re: death certificates

There is no MA statute that specifically states a period of time or sets out a procedure. Instead, you need to file an equity petition at the Probate Court that asks the Court to declare the missing person dead and allow estate administration to begin. You would be expected to provide evidence that supports your claim, such as descriptions of your searches for the missing person, testimony from people who knew the missing person very well, documentary evidence, etc. I suggest that you have a private investigator conduct the search as well to provide additional credibility.

Please feel free to contact me if you have questions.