Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 5701 (2026)

Proof of death.

✓ current as of May 2026

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CHAPTER 57

ABSENTEES AND PRESUMED DECEDENTS

Sec.

5701. Proof of death.

5702. Trustee for absentee.

5703. Distribution of property of absentee.

5704. Notice to absentee.

5705. Search for absentee.

5706. Persons presumed dead from September 11, 2001, terrorist attack.

Enactment. Chapter 57 was added June 30, 1972, P.L.508, No.164, effective July 1, 1972.

§ 5701. Proof of death.

(a) Finding of death.--When a person domiciled in the Commonwealth disappears and is absent from his place of residence without being heard of after diligent inquiry, the court of the county where he last resided, aided by the report of a master if necessary, upon the petition of any party in interest, and, if a trustee has been appointed for the absentee, at any time during the trusteeship, may make a finding and decree that the absentee is dead and of the date of his death, provided the notice required by section 5704 (relating to notice to absentee) has been given to the absentee.

(b) Presumption from absence.--When the death of a person or the date thereof is in issue, his unexplained absence from his last known place of residence and the fact that he has been unheard of for seven years may be a sufficient ground for finding that he died seven years after he was last heard of.

(c) Exposure to specific peril.--The fact that an absentee was exposed to a specific peril of death may be sufficient ground for finding that he died less than seven years after he was last heard of.

(d) Competency of witnesses.--All persons shall be competent to testify concerning the death or disappearance of an absentee regardless of relationship by marriage to him or of interest in his estate.

(e) Distribution of estate or trust.--If the continued existence of an absentee would affect the distribution of an estate or trust, the court having jurisdiction of the estate or trust may, for purposes of distribution of that estate or trust, make a finding and decree of death, as provided in this section, regardless of where the absentee was domiciled or last resided.

(July 9, 1976, P.L.551, No.135, eff. imd.)

1976 Amendment. Act 135 added subsec. (e).

Cross References. Section 5701 is referred to in sections 3540, 5706 of this title.

Notes of Decisions

Cited in 4 cases, 1985–1993 · leading case: Cann v. Cann, 632 A.2d 322 (Pa. Super. Ct. 1993).

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Cann v. Cann, 632 A.2d 322 (Pa. Super. Ct. 1993). “See 20 Pa.C.S. § 5701 (1972). 3 . In the presence of appellee’s parents, appellant asked appellee to marry him and appellee responded affirmatively.”

Oshiver v. United States, 618 F. Supp. 172 (E.D. Pa. 1985). “See 20 Pa.Cons.Stat.Ann. § 5701 (Purdons 1985).”

In re Kerstetter, 582 A.2d 1122 (Pa. Super. Ct. 1990). · cites it 2× “A decree that a missing person is dead is authorized by 20 Pa.C.S. § 5701. The circumstances permitting such a decree are recited in subsections (b) and (c) as follows: (b) Presumption from absence.”

In re Holst, 17 Pa. D. & C.4th 645 (1992). · cites it 2× “, This case comes before this court on a “petition to establish death of absentee” pursuant to 20 Pa.C.S. §5701 et seq., filed on May 12,1992, by Lorrie Jean Holst, wife of Robert Allen Holst, the absentee.”

— 20 Pa. Cons. Stat. § 5701(a) — 1 case

In re Kerstetter, 582 A.2d 1122 (Pa. Super. Ct. 1990). “A decree that a missing person is dead is authorized by 20 Pa.C.S. § 5701. The circumstances permitting such a decree are recited in subsections (b) and (c) as follows: (b) Presumption from absence.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.