Tennessee Code Annotated

Tenn. Code Ann. § 30-3-102 (2026)

Presumption of death from mere absence - Exposure to specific peril considered - Distribution of funds of absentee

✓ current as of May 2026

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(a) A person absent from such person's place of residence and unheard of for seven (7) years or longer, whose absence is not satisfactorily explained, is presumed to be dead; provided, however, such presumption may be rebutted by proof.

(b) Exposure to specific peril shall be considered in every case. If during such absence the person has been exposed to a specific peril of death, this fact shall be considered by the court, or if there be a jury, shall be sufficient evidence for submission to the jury.

(c) If the clerks of the respective courts of record and/or the personal representatives have any funds belonging to such absentee who, upon the order of the court, is determined to be dead, such funds shall be distributed according to law as of the date of death of the absentee as determined by the court. The validity and effect of the distribution of the property shall be determined by the court having probate jurisdiction administering the estate.

Acts 1941, ch. 102, § 1; 1949, ch. 265, § 1; mod. C. Supp. 1950, § 8407.10; T.C.A. (orig. ed.), § 30-1802; Acts 1985, ch. 140, § 23; 2001, ch. 121, § 1.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1994–2025 · leading case: March v. Levine, 115 S.W.3d 892 (Tenn. Ct. App. 2003).

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March v. Levine, 115 S.W.3d 892 (Tenn. Ct. App. 2003). · cites it 26× “It would appear under TCA § 30-3-102 the issue of death shall go to the court or jury as one of fact to be determined upon evidence.”

White v. White, 876 S.W.2d 837 (Tenn. 1994). · cites it 2× “T.C.A. § 30-3-102(a), (b) (Supp.1993). (a) No provisions concerning the effect to be given to evidence of absence or of death, in any policy of life or accident insurance or in the charter or bylaws of any mutual or fraternal insurance association executed or adopted after…”

Perry March v. Lawrence Levine (Tenn. Ct. App. 2002). · cites it 7× “”4 4 The specific language that the issue of d eath “shall go to the court or jury as one of fact to be determined upon evidence” contained in Tennessee Code Annotated section 30-3-102 (1984) was deleted by Chapter 121 of the Public Acts of 2001effective April 26, 2001.”

Perr Y M Ar Ch v. Law Renc E Levine (Tenn. Ct. App. 2002). · cites it 2× “It would appear under TCA §30-3-102 the issue of death shall go to the court or jury as one of fact to be determined upon evidence.”

State of Tennessee v. Joseph Ray Daniels (2025). “See Tenn. Code Ann. § 30-3-102 . Again, we are not persuaded by the Defendant’s attempts to restrict the State’s ability to prove its case.”

— Tenn. Code Ann. § 30-3-102(1984) — 1 case

Perry March v. Lawrence Levine (Tenn. Ct. App. 2002). “”4 4 The specific language that the issue of d eath “shall go to the court or jury as one of fact to be determined upon evidence” contained in Tennessee Code Annotated section 30-3-102 (1984) was deleted by Chapter 121 of the Public Acts of 2001effective April 26, 2001.”

— Tenn. Code Ann. § 30-3-102(a) — 2 cases

March v. Levine, 115 S.W.3d 892 (Tenn. Ct. App. 2003). “It would appear under TCA § 30-3-102 the issue of death shall go to the court or jury as one of fact to be determined upon evidence.”

White v. White, 876 S.W.2d 837 (Tenn. 1994). “T.C.A. § 30-3-102(a), (b) (Supp.1993). (a) No provisions concerning the effect to be given to evidence of absence or of death, in any policy of life or accident insurance or in the charter or bylaws of any mutual or fraternal insurance association executed or adopted after…”

— Tenn. Code Ann. § 30-3-102(a)(2001) — 2 cases

March v. Levine, 115 S.W.3d 892 (Tenn. Ct. App. 2003). “It would appear under TCA § 30-3-102 the issue of death shall go to the court or jury as one of fact to be determined upon evidence.”

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