CHAPTER 133. PRESUMPTION OF DEATH - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 133. PRESUMPTION OF DEATH

Sec. 133.001. SEVEN-YEAR ABSENCE. Any person absenting himself

for seven successive years shall be presumed dead unless it is

proved that the person was alive within the seven-year period.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.15(a), eff. Sept.

1, 1987. Renumbered from Civil Practice & Remedies Code Sec.

131.001 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(4), eff. Aug.

28, 1989.

Sec. 133.002. ARMED SERVICES CERTIFICATE OF DEATH. If a branch

of the armed services issues a certificate declaring a person

dead, the date of death is presumed to have occurred for all

purposes as stated in the certificate. The certificate may be

admitted in any court of competent jurisdiction as prima facie

evidence of the date and place of the person's death.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.15(a), eff. Sept.

1, 1987. Renumbered from Civil Practice & Remedies Code Sec.

131.002 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(4), eff. Aug.

28, 1989.

Sec. 133.003. RESTORATION OF ESTATE. (a) If an estate is

recovered on a presumption of death under this chapter and if in

a subsequent action or suit it is proved that the person presumed

dead is living, the estate shall be restored to that person. The

estate shall be restored with the rents and profits of the estate

with legal interest for the time the person was deprived of the

estate.

(b) A person delivering an estate or any part of an estate under

this section to another under proper order of a court of

competent jurisdiction is not liable for the estate or part of

the estate.

(c) If the person recovering an estate on a presumption of death

sells real property from the estate to a purchaser for value, the

right of restoration under this section extends to the recovery

of the purchase money received by the person, but does not extend

to the recovery of the real property.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.15(a), eff. Sept.

1, 1987. Renumbered from Civil Practice & Remedies Code Sec.

131.003 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(4), eff. Aug.

28, 1989.