SECTION 1-107. EVIDENCE OF DEATH OR STATUS. Uniform
Probate Code
In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:
(1) Death occurs when an individual [is determined to be dead under the Uniform Determination of Death Act (1978/1980)] [has sustained either (i) irreversible cessation of circulatory and respiratory functions or (ii) irreversible cessation of all functions of the entire brain, including the brain stem. A determination of death must be made in accordance with accepted medical standards].
(2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.
(3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
(4) In the absence of prima facie evidence of death under paragraph (2) or (3), the fact of death may be established by clear and convincing evidence, including circumstantial evidence. (5) An individual whose death is not established under the preceding paragraphs who is absent for a continuous period of five years, during which he [or she] has not been heard from,
and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. His [or her] death is presumed to have occurred at the end of the period unless there is
In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:
(1) Death occurs when an individual [is determined to be dead under the Uniform Determination of Death Act (1978/1980)] [has sustained either (i) irreversible cessation of circulatory and respiratory functions or (ii) irreversible cessation of all functions of the entire brain, including the brain stem. A determination of death must be made in accordance with accepted medical standards].
(2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.
(3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
(4) In the absence of prima facie evidence of death under paragraph (2) or (3), the fact of death may be established by clear and convincing evidence, including circumstantial evidence. (5) An individual whose death is not established under the preceding paragraphs who is absent for a continuous period of five years, during which he [or she] has not been heard from,
and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. His [or her] death is presumed to have occurred at the end of the period unless there is
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sufficient evidence for determining that death occurred earlier.
(6) In the absence of evidence disputing the time of death stated on a document described
in paragraph (2) or (3), a document described in paragraph (2) or (3) that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.
Comment
Paragraph (1) defines death by reference to the Uniform Determination of Death Act (UDDA). States that have adopted the UDDA should use the first set of bracketed language. States that have not adopted the UDDA should use the second set of bracketed language.
Note that paragraph (6) is made desirable by the fact that Sections 2-104 and 2-702 require that survival by 120 hours must be established by clear and convincing evidence.
Paragraph (4) is inconsistent with Section 1 of Uniform Absence as Evidence of Death and Absentees’ Property Act (1938).
Proceedings to secure protection of property interests of an absent person may be commenced as provided in Section 5-401.
(6) In the absence of evidence disputing the time of death stated on a document described
in paragraph (2) or (3), a document described in paragraph (2) or (3) that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.
Comment
Paragraph (1) defines death by reference to the Uniform Determination of Death Act (UDDA). States that have adopted the UDDA should use the first set of bracketed language. States that have not adopted the UDDA should use the second set of bracketed language.
Note that paragraph (6) is made desirable by the fact that Sections 2-104 and 2-702 require that survival by 120 hours must be established by clear and convincing evidence.
Paragraph (4) is inconsistent with Section 1 of Uniform Absence as Evidence of Death and Absentees’ Property Act (1938).
Proceedings to secure protection of property interests of an absent person may be commenced as provided in Section 5-401.
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