Prob. Code, § 12404 · Part 12. ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD
Prob. Code, § 12404
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A petition may be filed in the court having jurisdiction under Section 12403 for the administration of the estate of a missing person.
(b) The petition may be filed by any person who may be appointed as a personal representative, other than a person described in subdivision (r) of Section 8461.
(c) In addition to the matters otherwise required in a petition for administration of the estate, the petition shall state all of the following:
(1) The last known place of residence and the last known address of the missing person.
(2) The time and circumstances when the missing person was last seen or heard from.
(3) That the missing person has not been seen or heard from for a continuous period of five years by the persons likely to have seen or heard from the missing person (naming them and their relationship to the missing person) and that the whereabouts of the missing person is unknown to those persons and to the petitioner.
(4) A description of the search or the inquiry made concerning the whereabouts of the missing person.
Notes and commentary — not statutory text
History
Enacted by Stats. 1990, Ch. 79.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=12404.
- Text hash
- sha256 44150c702ac82bce6e381b6a4d03fdffd0dbb19f5d62e38945266c92123c7745
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.