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HB 1839

RELATING TO THE ENVIRONMENT.

2024 Regular Session Introduced by Micah Aiu and 47 co-sponsors

HB 1839 streamlines declaring missing persons legally dead after five years, allowing families to settle estates and access benefits more efficiently.

Reported from HHS/PSM/AEN (Stand. Com. Rep. No. 3247) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.
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Bill Summary · HB 1839

Summary of House Bill 1839 (HB 1839)

Purpose and Intent

House Bill 1839 (HB 1839) aims to amend the procedures for declaring the legal death of a missing person in the state of Arkansas. The bill seeks to streamline the process, ensuring that individuals who have been missing for an extended period can be declared legally dead, thereby allowing their heirs to settle estates and access benefits.

Key Provisions

The bill introduces several significant changes to the existing legal framework regarding the declaration of legal death:

  1. Filing for Declaration:

    • Interested parties can file a petition in probate court to declare a missing person legally dead if they have been missing for more than five years or if there are circumstances suggesting the person is deceased.
    • The petition must include a detailed affidavit outlining the circumstances of the person's absence and efforts made to locate them.

  2. Notice Requirements:

    • The petitioner must provide notice of the proceedings to close relatives (within two degrees of consanguinity) and any entity with a financial interest of at least $5,000 in the outcome.
    • Notice must also be published in a local newspaper.

  3. Hearing Process:

    • A hearing will be held no earlier than 90 days after the petition is filed, where the court will evaluate evidence regarding the missing person's status.
    • If it is proven that the person has been missing for at least five years, there is a rebuttable presumption of death.

  4. Subsequent Actions:

    • If the court finds that the person is legally dead, a probate action can be initiated to administer the decedent's estate.
    • The bill allows for the reopening of cases if new evidence arises or if the individual has been missing for more than five years.

  5. Repeal of Previous Provisions:

    • The bill repeals certain existing provisions regarding the service of notice by registered mail when the fact of death is in doubt.

Affected Parties

  • Missing Persons: Individuals who have been missing for over five years.
  • Heirs and Family Members: Relatives seeking to settle estates and access benefits related to the deceased.
  • Probate Courts: Courts that will handle the new procedures and hearings related to declarations of legal death.

Procedural Aspects

  • Introduced: March 18, 2025
  • Status: Reported from the HHS/PSM/AEN committee with a recommendation for passage on Second Reading, as amended (SD 1), and referred to WAM.
  • Legislative Timeline: The bill has undergone multiple readings and committee reviews, with significant actions occurring between March 18 and April 16, 2025.

Conclusion

HB 1839 represents a significant update to the legal processes surrounding the declaration of death for missing persons in Arkansas. By clarifying procedures and requirements, the bill aims to provide a more efficient and compassionate approach for families dealing with the uncertainty of a missing loved one.

Compiled from official sources — confirm details with the bill’s official record.

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