58-712. Same; evidence of death or status. - Kansas Statutes

58-712

Chapter 58.--PERSONAL AND REAL PROPERTY Article 7.--UNIFORM SIMULTANEOUS DEATH LAW

      58-712.   Same; evidence of death or status.In addition to the rules of evidence in courts of generaljurisdiction, the following rules relating to a determination of death andstatus apply:

      (1)   Death occurs when an individual is determined to be dead under theuniform determination of death act, K.S.A. 77-204 et seq. and amendmentsthereto;

      (2)   A certified or authenticated copy of a death certificate purporting tobe issued by an official or agency of the place where the death purportedlyoccurred is prima facie evidence of the fact, place, date and time of death andthe identity of the decedent.

      (3)   A certified or authenticated copy of any record or report of agovernmental agency, domestic or foreign, that an individual is missing,detained, dead, or alive is prima facie evidence of the status and of thedates, circumstances and places disclosed by the record or report.

      (4)   In the absence of prima facie evidence of death under paragraph (2) or(3), the fact of death may be established by clear and convincing evidence,including circumstantial evidence.

      (5)   An individual whose death is not established under the precedingparagraphs who is absent for a continuous period of five years, during whichthe individual has not been heard from, and whose absence is not satisfactorilyexplained after diligent search or inquiry, is presumed to be dead. Suchindividual's death is presumed to have occurred at the end of the period unlessthere is sufficient evidence for determining that death occurred earlier.

      (6)   In the absence of evidence disputing the time of death stipulated on adocument described in paragraph (2) or (3), a document described in paragraph(2) or (3) that stipulates a time of death 120 hours or more after the time ofdeath of another individual, however the time of death of the other individualis determined, establishes by clear and convincing evidence that the individualsurvived the other individual by 120 hours.

      History:   L. 1992, ch. 97, § 5; July 1.