How do you have a missing person declared dead?

My mother has been missing for over 35 years. The investigating detective felt like she was

deceased and her body was hidden. I feel having her declared deceased may help me gain access

to confidential records due to me being her next of kin. She would have been 74 years old now. Her

last known location was a medical facility. She was disabled. So there are documents that have not

been made available.

Asked on March 20, 2018 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss and for the situation.  In Florida, you would neeed to file a Petition with the Probate Court and so long as you have been diligent in your search (which is different in every case) and 5 years have passed you should be ok.  Here is the statute that tells you how.  Good luck.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0731/Sections/0731.103.html


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