TITLE 10

ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS

CHAPTER 12

DECLARATORY JUDGMENTS

10-1217.  Declaratory judgment of legal death. The court has the authority through a declaratory judgment to determine that a person who is absent, and who has not been heard from, is legally dead. In making such determination, the court may, at any time, consider all evidence available, and may rule, based on clear and convincing evidence before it, that the person is dead, or that there is insufficient evidence to so rule.

History:

[I.C., sec. 10-1217, as added by 1974, ch. 32, sec. 1, p. 985.]