Ky. Rev. Stat. » Chapter 422
Kentucky Revised Statutes

Ky. Rev. Stat. § 422.130 (2026)

Presumption of death

✓ current as of May 2026
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Except as provided in KRS 422.132, if any person who has resided in this state goes from and does not return to this state for seven (7) successive years, he shall be presumed to be dead, in any case wherein his death comes in question, unless proof is made that he was alive within that time. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 57, sec. 3, effective July 15, 2002. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1639.

Notes of Decisions
Cited in 6 cases, 1945–1977 · leading case: Alexander Hamilton Life Ins. Co. of Am. v. Lewis, 550 S.W.2d 558 (Ky. 1977).
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Alexander Hamilton Life Ins. Co. of Am. v. Lewis, 550 S.W.2d 558 (Ky. 1977). “The background is that after their daughter had disappeared and her whereabouts had been unknown for over seven years the Lewises brought suit against the insurance company for the face amount of two insurance policies on her life, relying on KRS 422.130 (Presumption of Death).…”
Alexander Hamilton Life Ins. Co. of Am. v. Lewis, 500 S.W.2d 420 (Ky. Ct. App. 1973). “KRS 422.130. The court so declared in a judgment entered October 19, 1970; whereupon death benefits in the amount of $14,436.”
Bechtold v. Klefken, 190 S.W.2d 479 (Ky. Ct. App. 1945). “The appeal is from a judgment in their favor. The chancellor found as a matter of law that Mr.”
Daugherty v. Rouse, 219 S.W.2d 42 (Ky. Ct. App. 1949). · cites it 3× “Reversal is urged upon the grounds that (1) the departed was never a resident of Kentucky, and therefore our presumption of death statute (KRS 422.130) does not apply; and (2) under the common law rule one can not he declared dead in the absence of a showing of a diligent and…”
Metro. Life Ins. Co. v. Edelen's Ex'x, 214 S.W.2d 769 (Ky. Ct. App. 1948). “The evidence shows that Alice McGlasson has been absent from her usual place of residence continuously since April 5, 1937, and has not been heard from by those who, if she had been alive, would naturally have intelligence of her.”
Schmitt v. Kentucky Trust Co. of Louisville, 429 S.W.2d 839 (Ky. Ct. App. 1968). “KRS 422.130 creates a presumption of death if a resident of this state leaves it and does not return in seven years.”
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