§ 28A-24-7. Evidence of death or status. - North Carolina Statutes

§ 28A‑24‑7. Evidence of death or status.

For purposes of this Article,the following rules of evidence apply relating to the determination of deathand status of a beneficiary subject to a requirement of survivorship and of theperson the beneficiary must survive:

(1)        Death occurs when anindividual is determined to be dead pursuant to G.S. 90‑323 or Chapter28C of the General Statutes.

(2)        A certified orauthenticated copy of a death certificate purporting to be issued by anofficial or agency in the place where the death purportedly occurred is primafacie evidence of the fact, place, date, and time of death and the identity ofthe decedent. In the absence of evidence disputing the death certificate, thatcertificate shall be conclusive evidence of the fact, place, date, and time ofdeath and the identity of the decedent.

(3)        A certified orauthenticated copy of any record or report of a governmental agency, domesticor foreign, that an individual is missing, detained, dead, or alive is primafacie evidence of the status and of the dates, circumstances, and placesdisclosed by the record or report. The record or report is conclusive evidenceof the status and of the dates, circumstances, and places disclosed by therecord or report unless there is evidence to the contrary.

(4)        In the absence ofprima facie evidence of death under subdivision (2) or (3) of this section, thefact of death may be established by clear and convincing evidence, includingcircumstantial evidence. (1947, c. 1016, s. 8; 1973, c. 1329, s. 3; 2007‑132,s. 1.)