California Probate Code 12404 – (a) A petition may be filed in the court having jurisdiction …
(a) A petition may be filed in the court having jurisdiction under Section 12403 for the administration of the estate of a missing person.
(b) The petition may be filed by any person who may be appointed as a personal representative, other than a person described in subdivision (r) of Section 8461.
Terms Used In California Probate Code 12404
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
(c) In addition to the matters otherwise required in a petition for administration of the estate, the petition shall state all of the following:
(1) The last known place of residence and the last known address of the missing person.
(2) The time and circumstances when the missing person was last seen or heard from.
(3) That the missing person has not been seen or heard from for a continuous period of five years by the persons likely to have seen or heard from the missing person (naming them and their relationship to the missing person) and that the whereabouts of the missing person is unknown to those persons and to the petitioner.
(4) A description of the search or the inquiry made concerning the whereabouts of the missing person.
(Enacted by Stats. 1990, Ch. 79.)