2121.01 Presumption of death. - Ohio Statutes

2121.01 Presumption of death.

(A) Except as provided in division (B) of this section, a presumption of the death of a person arises:

(1) When the person has disappeared and been continuously absent from his place of last domicile for a five-year period without being heard from during the period;

(2) When the person has disappeared and been continuously absent from his place of last domicile without being heard from and was at the beginning of his absence exposed to a specific peril of death, even though the absence has continued for less than a five-year period.

(B) When a person who is on active duty in the armed services of the United States has been officially determined to be absent in a status of “missing” or “missing in action,” a presumption of death arises when the head of the federal department concerned has made a finding of death pursuant to the “Federal Missing Persons Act,” 80 Stat. 625 (1966), 37 U.S.C. 551, as amended and hereafter amended.

Effective Date: 09-30-1974