§ 64.1-105. Presumption of death from absence or disappearance; in causewherein death comes in question.
A. 1. Any person who has resided in this Commonwealth who (i) leaves, doesnot return to the Commonwealth for seven years successively and is not heardfrom; (ii) disappears for seven years successively and is not heard from; or(iii) disappears in a foreign country, whose body has not been found and whois not known to be alive, upon issuance of a report of presumptive death bythe Department of State of the United States, shall be presumed to be dead.Any person not residing in this Commonwealth, but owning real or personalproperty herein, who disappears for seven years successively from the placeof his residence outside of this Commonwealth and is not heard from, shall bepresumed to be dead.
2. The presumption created by this subsection shall arise in any causewherein the person's death is in question, unless proof is offered that hewas alive within the time specified or, in the case of a presumed death in aforeign country, at any time following his disappearance, whether before orafter the report of presumptive death was issued.
B. The fact that any person was exposed to a specific peril of death may be asufficient basis for determining at any time after the exposure that theperson is presumed to have died less than seven years after the person waslast heard from.
C. Any person on board any ship or vessel underway on the high seas whodisappears from such ship or vessel, or any person on board an aircraft thatdisappears at sea, and who is not known to be alive, whose body has not beenfound or identified prior to a hearing of a board of inquiry as to suchdisappearance shall be presumed to be dead upon the findings of a board ofinquiry that the person is presumed dead, or six months after the date ofsuch disappearance, whichever shall first occur.
D. Before any final order or decree is entered in a cause under subsection A,B or C in favor of the alleged heirs, devisees, next of kin, legatees,beneficiaries, survivors, or other successors in interest of the presumeddecedent, or persons claiming by, through or under them, or any of them,proceedings shall be held in conformity with §§ 64.1-107 through 64.1-112.
E. The person presumed to be dead under subsection A, B, or C his heirs atlaw, devisees, next of kin, legatees, beneficiaries, survivors, or othersuccessors in interest may be made parties defendant to proceedings inrespect to real or personal property in which the person presumed dead mayhave an undivided interest, by order of publication or other process asprovided by law. The proceedings, whether in the nature of partition, eminentdomain or otherwise, shall not be stayed in respect to the division, sale orother disposition of the entire property. The provisions of subsection Dshall be applicable only to the portion of the property set apart or to theshare of the proceeds to which such person would be entitled.
(Code 1950, § 64-101; 1954, c. 430; 1968, c. 656; 1989, c. 153; 1996, cc.675, 684; 2003, c. 254; 2006, c. 351.)
§ 64.1-105. Presumption of death from absence or disappearance; in causewherein death comes in question.
A. 1. Any person who has resided in this Commonwealth who (i) leaves, doesnot return to the Commonwealth for seven years successively and is not heardfrom; (ii) disappears for seven years successively and is not heard from; or(iii) disappears in a foreign country, whose body has not been found and whois not known to be alive, upon issuance of a report of presumptive death bythe Department of State of the United States, shall be presumed to be dead.Any person not residing in this Commonwealth, but owning real or personalproperty herein, who disappears for seven years successively from the placeof his residence outside of this Commonwealth and is not heard from, shall bepresumed to be dead.
2. The presumption created by this subsection shall arise in any causewherein the person's death is in question, unless proof is offered that hewas alive within the time specified or, in the case of a presumed death in aforeign country, at any time following his disappearance, whether before orafter the report of presumptive death was issued.
B. The fact that any person was exposed to a specific peril of death may be asufficient basis for determining at any time after the exposure that theperson is presumed to have died less than seven years after the person waslast heard from.
C. Any person on board any ship or vessel underway on the high seas whodisappears from such ship or vessel, or any person on board an aircraft thatdisappears at sea, and who is not known to be alive, whose body has not beenfound or identified prior to a hearing of a board of inquiry as to suchdisappearance shall be presumed to be dead upon the findings of a board ofinquiry that the person is presumed dead, or six months after the date ofsuch disappearance, whichever shall first occur.
D. Before any final order or decree is entered in a cause under subsection A,B or C in favor of the alleged heirs, devisees, next of kin, legatees,beneficiaries, survivors, or other successors in interest of the presumeddecedent, or persons claiming by, through or under them, or any of them,proceedings shall be held in conformity with §§ 64.1-107 through 64.1-112.
E. The person presumed to be dead under subsection A, B, or C his heirs atlaw, devisees, next of kin, legatees, beneficiaries, survivors, or othersuccessors in interest may be made parties defendant to proceedings inrespect to real or personal property in which the person presumed dead mayhave an undivided interest, by order of publication or other process asprovided by law. The proceedings, whether in the nature of partition, eminentdomain or otherwise, shall not be stayed in respect to the division, sale orother disposition of the entire property. The provisions of subsection Dshall be applicable only to the portion of the property set apart or to theshare of the proceeds to which such person would be entitled.
(Code 1950, § 64-101; 1954, c. 430; 1968, c. 656; 1989, c. 153; 1996, cc.675, 684; 2003, c. 254; 2006, c. 351.)
§ 64.1-105. Presumption of death from absence or disappearance; in causewherein death comes in question.
A. 1. Any person who has resided in this Commonwealth who (i) leaves, doesnot return to the Commonwealth for seven years successively and is not heardfrom; (ii) disappears for seven years successively and is not heard from; or(iii) disappears in a foreign country, whose body has not been found and whois not known to be alive, upon issuance of a report of presumptive death bythe Department of State of the United States, shall be presumed to be dead.Any person not residing in this Commonwealth, but owning real or personalproperty herein, who disappears for seven years successively from the placeof his residence outside of this Commonwealth and is not heard from, shall bepresumed to be dead.
2. The presumption created by this subsection shall arise in any causewherein the person's death is in question, unless proof is offered that hewas alive within the time specified or, in the case of a presumed death in aforeign country, at any time following his disappearance, whether before orafter the report of presumptive death was issued.
B. The fact that any person was exposed to a specific peril of death may be asufficient basis for determining at any time after the exposure that theperson is presumed to have died less than seven years after the person waslast heard from.
C. Any person on board any ship or vessel underway on the high seas whodisappears from such ship or vessel, or any person on board an aircraft thatdisappears at sea, and who is not known to be alive, whose body has not beenfound or identified prior to a hearing of a board of inquiry as to suchdisappearance shall be presumed to be dead upon the findings of a board ofinquiry that the person is presumed dead, or six months after the date ofsuch disappearance, whichever shall first occur.
D. Before any final order or decree is entered in a cause under subsection A,B or C in favor of the alleged heirs, devisees, next of kin, legatees,beneficiaries, survivors, or other successors in interest of the presumeddecedent, or persons claiming by, through or under them, or any of them,proceedings shall be held in conformity with §§ 64.1-107 through 64.1-112.
E. The person presumed to be dead under subsection A, B, or C his heirs atlaw, devisees, next of kin, legatees, beneficiaries, survivors, or othersuccessors in interest may be made parties defendant to proceedings inrespect to real or personal property in which the person presumed dead mayhave an undivided interest, by order of publication or other process asprovided by law. The proceedings, whether in the nature of partition, eminentdomain or otherwise, shall not be stayed in respect to the division, sale orother disposition of the entire property. The provisions of subsection Dshall be applicable only to the portion of the property set apart or to theshare of the proceeds to which such person would be entitled.
(Code 1950, § 64-101; 1954, c. 430; 1968, c. 656; 1989, c. 153; 1996, cc.675, 684; 2003, c. 254; 2006, c. 351.)
