Lately in the news here in Florida there is a story about two young teenage boys that are lost at sea after taking their 19 foot boat out in the ocean. The boat was found capsized and a few debris, a life jacket and cooler but no signs of the boys. I read that the Coat Guard is calling of the search. Does that mean that they are presumed dead? Sadly in all likelihood they are, but when does the declaration of death become official and who makes that call?
The time period for presumption of death for a missing person varies by jurisdiction. It’s usually seven years. In fact that may be the time period for all states. Although the Coast Guard has called off its search, relatives continue the search.
I believe only a court can declare someone dead and it is typically 7 years. There have been people who faked their death and were later found to be alive. One guy got pulled over by cops for speeding.
Young teens likely have no heirs and no assets, so it’s a moot point legally. If they had life insurance of more than ordinary amount, it might be an issue, but I’d suspect that ~$10k policies would be paid off within the year. (Many parents carry small policies on children to help with final expenses, etc.) It has more to do with closure for the family, and maybe schools and the like.
I’m sure this kind of thing happens every day, but this incident has really saddened me. Maybe because one of the boys looks much like my son of the same age.
Florida statute 731.103 (3): “A person who is absent from the place of his or her last known domicile for a continuous period of 5 years and whose absence is not satisfactorily explained after diligent search and inquiry is presumed to be dead. The person’s death is presumed to have occurred at the end of the period unless there is evidence establishing that death occurred earlier. Evidence showing that the absent person was exposed to a specific peril of death may be a sufficient basis for the court determining at any time after such exposure that he or she died less than 5 years after the date on which his or her absence commenced. A petition for this determination shall be filed in the county in Florida where the decedent maintained his or her domicile or in any county of this state if the decedent was not a resident of Florida at the time his or her absence commenced.”
Somebody’s got to file a court petition to make it happen.