12-509

12-509. Presumption of death from five year
absence; restoration of estate recovered upon presumption

A. A person absenting himself from the place of his last domicile for five years
successively shall be presumed dead in any action wherein his death comes in question,
unless proof is made that he was alive within that time.

B. Except as otherwise provided in section 14-3412, if in a subsequent action the
person presumed, under subsection A, to be dead is proved to be living, the estate shall
be restored to him and he may moreover demand and recover the rents and profits of the
estate during the time that he has been deprived thereof, with interest.