California Statutes
§ 12401. — 12401. (Enacted by Stats. 1990, Ch. 79.)
California § 12401.
JurisdictionCalifornia
Code PROBProbate Code - PROB
Div. 7.DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS
Part 12.PART 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD
This text of California § 12401. (12401. (Enacted by Stats. 1990, Ch. 79.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Cal. Probate Code - PROB Code § 12401. (2026).
Text
In proceedings under this part, a person who has not been seen or heard from for a continuous period of five years by those who are likely to have seen or heard from that person, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The person’s death is presumed to have occurred at the end of the period unless there is sufficient evidence to establish that death occurred earlier.
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Related
In Re Starr
128 Cal. Rptr. 2d 282 (California Court of Appeal, 2002)
Starr v. Old Line Life Insurance
104 Cal. App. 4th 487 (California Court of Appeal, 2002)
Legislative History
Enacted by Stats. 1990, Ch. 79.
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Bluebook (online)
California § 12401., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/PROB/12401..