Tennessee § 30-3-102 - Presumption of death from mere absence — Exposure to specific peril considered — Distribution of funds of absentee.

§ 30-3-102. Presumption of death from mere absence — Exposure to specific peril considered — Distribution of funds of absentee.

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. 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. 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. Compiler's Notes. Acts 2001, ch. 121, § 6 provided that the amendment by that act shall apply to any person whose death has not previously been adjudicated under title 30, chapter 3, part 1, regardless of the date of disappearance or absence. Cross-References. Presumption as to persons missing in action, § 24-5-110 . Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 191. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 537, 830, 920. Tennessee Law of Evidence (2nd ed., Cohen, Paine and Sheppeard), § 300.5.