The burden of proof is on the party bringing the action to declare the absentee dead. If there is a showing that the absentee was exposed to a specific peril at the time of disappearance the burden of proof shall be by a fair preponderance of the evidence. If the absentee was in no unusual danger or peril at the time of disappearance, the burden of proof shall be by clear and convincing evidence.
1974 c 447 s 13; 1986 c 444; 2012 c 143 art 3 s 38
Structure Minnesota Statutes
Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds
Chapter 578 — Receivership; Absentees
Section 578.02 — Absentees; Possession, Management, And Disposition Of Property.
Section 578.03 — Warrant; Sheriff To Take Possession Of Property; Fees And Costs.
Section 578.04 — Notice Of Seizure; Appointment Of Receiver; Disposition Of Property.
Section 578.05 — Publication Of Notice.
Section 578.06 — Hearing By Court; Dismissal Of Proceeding; Appointment And Bond Of Receiver.
Section 578.07 — Transfer Of Property To Receiver.
Section 578.08 — Additional Property; Receiver To Take Possession.
Section 578.09 — Where No Corporeal Property; Receiver; Bond.
Section 578.10 — Care Of Property; Lease; Sale; Control Of Business.
Section 578.11 — Advance Life Insurance Payments To Absentee's Beneficiary.
Section 578.12 — Hearing By Court; Determination Of Right To Advance Life Insurance Payments.
Section 578.13 — Reappearance Of Absentee.
Section 578.14 — Use Of Proceeds.
Section 578.15 — Claims; Adjustment By Receiver.
Section 578.16 — Presumption Of Death From Absence.
Section 578.17 — Hearing By Court; Determination Of Death Of An Absentee.
Section 578.18 — Degree Of Burden Of Proof.
Section 578.19 — Dissolution Of Marriage.
Section 578.20 — Compensation Of Receiver; Title Of Absentee Lost After Four Years.