Oddly enough, there's a lot more googlable info about this in the UK, Canada, and Australia than there is for the US. However, I did find this from Delaware:
http://www.delcode.state.de.us/title12/c017/ The gist of it seems to be that a person may be declared dead after being missing for 7 years or in less time if they were in known danger at the time of their disappearance. Someone has to petition the court to declare their death and move into probate, however -- someone entitled to some share of the estate.
The court makes certain token efforts to locate the person themselves (newspaper ads last place they were heard from, possibly hiring an investigator), then declares them dead.
Everyone who receives an inheritance from the person has to post a bond that they will return the money if the person ever shows up again. However, things paid by the estate (court costs, settling the decedents debts, etc.) are considered valid.
The Court of Chancery may revoke the letters and vacate the decree that the presumption of death has been established, at any time, on due and satisfactory proof that the presumed decedent is in fact alive. After such revocation all the powers of the executor or administrator shall cease, but all receipts or disbursements of assets, and other acts previously done by the executor or administrator, shall remain as valid as if the letters were unrevoked. The executor or administrator shall settle an account of administration down to the time of such revocation, and shall transfer all assets remaining to the person as whose executor or administrator the executor or administrator acted, or to a duly authorized agent or attorney. Nothing contained in this chapter shall validate the title of any person to any money or property received as surviving spouse, next of kin, heir, legatee or devisee of such presumed decedent, but the same may be recovered from such person in all cases in which such recovery would be had if this chapter had not been passed.
Basically, it might be a burden on the
heirs -- let's say three years ago you inherited $25k from someone presumed dead. You went out and bought a big house with that as the down payment. Now they're back -- and you owe them $25k with no warning.
For only three years, the court might appoint someone to act on your behalf to pay necessary bills and such. In
Florida , you have to prove to the court that the person
MIGHT be dead before this comes into effect:
Any resident of this state, or any person owning property herein, who disappears under circumstances indicating that he or she may have died, either naturally, accidentally or at the hand of another, or may have disappeared as the result of mental derangement, amnesia or other mental cause, shall also be an "absentee" within the meaning of this law.
In that circumstance, someone is appointed to manage your estate until you either show up or are declared dead, at which point it moves into probate.
Of course, the person in question was a resident of New Troy, so you can tweak their laws a bit if you need to.
