How long would it take to get a legal declaration of death if there was no body?
Posted: May 2nd, 2009 under Dive Talk.
Comments: 2
Comments
Comment from josh03
Time: May 2, 2009, 4:55 am
Property taxes would have to be paid continually. If not the state would take the property that way. In some cases death can be ruled by a judge less than 7 years, if all avenues of existastnce has been exhausted.
Comment from robert p
Time: May 3, 2009, 5:29 pm
Generally the primary jurisdiction belongs to the location where the presumed death occurred, in this case Australia. I cannot answer for what their laws may be in this regard, but English commonlaw usually follows the 7 year benchmark.
The balance of your question is too confusing. If there are no heirs, then nobody would be pressing for a declaration of presumed death in any court.
If the decedent resided in California and owned real property there, then it would escheat to the State. However, if there are mortgages involved, the property would be sold at a foreclosure sale to satisfy those mortgages. Only the balance would revert to the State Controller’s office.
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