59-2704. Absentee presumed dead; presumption of death involving a catastrophic event or disaster. - Kansas Statutes

59-2704

Chapter 59.--PROBATE CODE Article 27.--ESTATES OF ABSENTEES

      59-2704.   Absentee presumed dead; presumption ofdeath involving a catastrophic event or disaster.(a) An absentee shall be presumed to be dead for the purposes of this actif:

      (1)   The absentee shall remain unheard from by those persons most likelyto hear from such absentee for a period of not less than fiveyears; and

      (2)   one or more persons who had a bona fide motive for locating theabsentee have conducted a diligent search for the absentee in all placeswhere such absentee's presence could reasonably be expected.

      (b)   If no such search has been made with reference to an absentee whohasbeen unheard from for more than five years and for whoseestate atrustee has been appointed in accordance with this act, the district courtmay on the court's own motion order the trustee to conduct suchsearch under thedirection of the court and pay the reasonable expenses thereof out of theestate.

      (c)   Absentees missing as a result of a catastrophic event or disastershall be presumed dead under K.S.A. 59-2708, and amendments thereto.

      History:   L. 1963, ch. 301, § 4; L. 1976, ch. 242, § 66;L. 1993, ch. 193, § 2;L. 2002, ch. 71, § 1; July 1.