                                 CODE OF VIRGINIA

PETITION SEEKING DETERMINATION OF DEATH; HEARING; EVIDENCE; NOTICE (§
64.2-2304)

A. Whenever a petition is filed seeking a judicial determination that a person
is dead, the court that would have jurisdiction over the person&#8217;s probate
estate if such person were dead shall hear evidence concerning the alleged
absence of the presumed decedent and the circumstances and duration of such
absence. The court shall require that notice of the filing of the petition be
published once a week for four successive weeks in a newspaper published in the
county or city where the petition is filed, and the notice shall include the
date of the hearing, which shall be at least two weeks after the last
publication.

B. At the hearing, the court shall hear all admissible evidence offered for the
purpose of determining whether or not the presumption of death is applicable. If
the court determines that the legal presumption of death is applicable, the
court shall enter an order in accordance with &#xA7; 64.2-2305, provided,
however, that if the evidence shows that the length of a presumed
decedent&#8217;s absence is less than 10 years, the court shall immediately
require notice of the order to be published once a week for two successive weeks
in a newspaper published in the county or city where the petition is filed and,
when practicable, in a newspaper published at or near the place where the
presumed decedent had his residence when last heard from. The notice shall
require the presumed decedent, if alive, or any person for him, produce to the
court satisfactory evidence that the presumed decedent is alive within two weeks
from the date of the last publication. If no satisfactory evidence is produced
within this period, the court shall enter an order in accordance with &#xA7;
64.2-2305.

C. For the purposes of subsections A and B, if there is no newspaper published
in the county or city in which the publication required may be had, then the
court shall order that the required notice be published in a newspaper having
general circulation in such county or city. The cost of the publication pursuant
to this section shall be paid by the petitioner.

HISTORY: Code 1950, §§ 64-104, 64-106; 1968, c. 656, §§ 64.1-108, 64.1-110;
1996, cc. 352, 675, 684; 2006, c. 351; 2012, c. 614.