http://www.aussiedivers.com/dive-talk/how-long-would-it-take-to-get-a-legal-declaration-of-death-if-there-was-no-body/ scuba diving blog for Australian divers Thu, 11 Jun 2009 23:49:46 +0000 http://wordpress.org/?v=2.9.2 hourly 1 http://www.aussiedivers.com/dive-talk/how-long-would-it-take-to-get-a-legal-declaration-of-death-if-there-was-no-body/comment-page-1/#comment-449 robert p Sun, 03 May 2009 22:29:20 +0000 http://www.aussiedivers.com/dive-talk/how-long-would-it-take-to-get-a-legal-declaration-of-death-if-there-was-no-body/#comment-449 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. 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.

]]> http://www.aussiedivers.com/dive-talk/how-long-would-it-take-to-get-a-legal-declaration-of-death-if-there-was-no-body/comment-page-1/#comment-448 josh03 Sat, 02 May 2009 09:55:15 +0000 http://www.aussiedivers.com/dive-talk/how-long-would-it-take-to-get-a-legal-declaration-of-death-if-there-was-no-body/#comment-448 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. 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.

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