California Probate Code 12407 – (a) If the court finds that the alleged missing person is a …
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(a) If the court finds that the alleged missing person is a person presumed to be dead under Section 12401, the court shall do both of the following:
(1) Appoint a personal representative for the estate of the missing person in the manner provided for the estates of deceased persons.
Terms Used In California Probate Code 12407
- missing person: means a person who is presumed to be dead under Section 12401. See California Probate Code 12400
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
(2) Determine the date of the missing person’s death.
(b) The personal representative shall administer the estate of the missing person in the same general manner and method of procedure, and with the same force and effect, as provided for the administration of the estates of deceased persons, except as otherwise provided in this part.
(Enacted by Stats. 1990, Ch. 79.)