[WSBAPT] Declaration of Presumed Death

Jennifer Mackley jennifer.mackley at mackleylaw.com
Tue Feb 5 11:08:14 PST 2019


I am wondering if anyone has navigated the process of obtaining a death certificate  under RCW 11.05A.050 (4) or (5) for a missing person. PC's son has been missing for 12 years and is presumed to have died in Spain. His father died 4 years ago in King County and missing son's small inheritance is now being held by the state. PC wants to claim it in son's behalf in case his body is ever found, so she will be able to use the funds to bring him home. I would appreciate some direction on how to help her navigate the process. Thank you in advance.
Jennifer

RCW 11.05A.050 (4) In the absence of prima facie evidence of death under subsection (2) or (3) of this section, the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
(5) An individual whose death is not established under this section who is absent for a continuous period of seven years, during which he or she has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. His or her death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.

Jennifer Mackley | Mackley & Mackley, PLLC | (206) 938-4969<mailto:(206) 938-4969> | www.mackleylaw.com<http://www.mackleylaw.com>
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