AR HB1839

Allows any interested party to file a probate court action to declare a person legally dead if the person has been missing for more than 5 years or circumstances suggest death

Requires petitions to include detailed affidavits describing the circumstances of absence and significant attempts made to locate the missing person

Mandates notice to relatives within two degrees of consanguinity, any person or entity with a financial interest of at least $5,000, and publication in a newspaper of general circulation

Establishes a rebuttable presumption of death if the person has been missing at least 5 years; requires clear and convincing evidence to establish death if fewer than 5 years have passed

Hearing must occur no earlier than 90 days after filing the petition, and if the court declares the person legally dead, a separate probate action may be initiated to administer the estate