The court has the authority through a declaratory judgment to determine that a person who is absent, and who has not been heard from, is legally dead. In making such determination, the court may, at any time, consider all evidence available, and may rule, based on clear and convincing evidence before it, that the person is dead, or that there is insufficient evidence to so rule.
Idaho Code § 10-1217
Declaratory judgment of legal death
Known as the Uniform Declaratory Judgment Act
The act spans §§ 10–10 (17 sections).
I.C., § 10-1217, as added by 1974, ch. 32, § 1, p. 985.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.