5701 - Proof of death.

                                CHAPTER 57                     ABSENTEES AND PRESUMED DECEDENTS     Sec.     5701.  Proof of death.     5702.  Trustee for absentee.     5703.  Distribution of property of absentee.     5704.  Notice to absentee.     5705.  Search for absentee.     5706.  Persons presumed dead from September 11, 2001, terrorist            attack.        Enactment.  Chapter 57 was added June 30, 1972, P.L.508,     No.164, effective July 1, 1972.     § 5701.  Proof of death.        (a)  Finding of death.--When a person domiciled in the     Commonwealth disappears and is absent from his place of     residence without being heard of after diligent inquiry, the     court of the county where he last resided, aided by the report     of a master if necessary, upon the petition of any party in     interest, and, if a trustee has been appointed for the absentee,     at any time during the trusteeship, may make a finding and     decree that the absentee is dead and of the date of his death,     provided the notice required by section 5704 (relating to notice     to absentee) has been given to the absentee.        (b)  Presumption from absence.--When the death of a person or     the date thereof is in issue, his unexplained absence from his     last known place of residence and the fact that he has been     unheard of for seven years may be a sufficient ground for     finding that he died seven years after he was last heard of.        (c)  Exposure to specific peril.--The fact that an absentee     was exposed to a specific peril of death may be sufficient     ground for finding that he died less than seven years after he     was last heard of.        (d)  Competency of witnesses.--All persons shall be competent     to testify concerning the death or disappearance of an absentee     regardless of relationship by marriage to him or of interest in     his estate.        (e)  Distribution of estate or trust.--If the continued     existence of an absentee would affect the distribution of an     estate or trust, the court having jurisdiction of the estate or     trust may, for purposes of distribution of that estate or trust,     make a finding and decree of death, as provided in this section,     regardless of where the absentee was domiciled or last resided.     (July 9, 1976, P.L.551, No.135, eff. imd.)        1976 Amendment.  Act 135 added subsec. (e).        Cross References.  Section 5701 is referred to in sections     3540, 5706 of this title.