Effective: January 13, 2012
Latest Legislation: Senate Bill 124 - 129th General Assembly
(A) Except as provided in division (B) of this section, a presumption of the death of a person arises upon either of the following:
(1) When the person has disappeared and been continuously absent from the person's place of last domicile for a five-year period without being heard from during the period;
(2) When the person has disappeared and been continuously absent from the person's place of last domicile without being heard from and was at the beginning of the person's absence exposed to a specific peril of death, even though the absence has continued for less than a five-year period.
(B) When a person who is on active duty in the armed services of the United States has been officially determined to be absent in a status of "missing" or "missing in action," a presumption of death arises when the head of the federal department concerned has made a finding of death pursuant to the "Federal Missing Persons Act," 80 Stat. 625 (1966), 37 U.S.C.A. 551, as amended and hereafter amended.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2121 | Presumed Decedents' Law
Section 2121.01 | Presumption of Death.
Section 2121.02 | Proceedings in Case of Presumption of Death.
Section 2121.03 | Probate Court Hearing.
Section 2121.04 | Date of Decree - Marriage Dissolved.
Section 2121.05 | Proceedings for Probating Will.
Section 2121.06 | Descent of Real Property.
Section 2121.07 | Bond Required for Distribution of Estate.
Section 2121.08 | Administering Estate When Decree Vacated.
Section 2121.09 | Substituting Presumed Decedent as Plaintiff or Defendant.