- 1). Perform a diligent search for the missing person in question. This step may seem obvious, and was almost certainly your first step anyhow, but courts won't declare a missing person dead unless a thorough search has been performed.
- 2). Wait seven years. Unless the missing person has been exposed to some imminent peril, most states ask that seven years have passed without contact from the missing person before declaring him or her dead. Some states only ask for five consecutive years, and Georgia and Minnesota need only four, so consult local laws on the subject. If the missing person was exposed to danger, such as being on a plane that crashed, this time period may be expedited by the courts.
- 3). File a petition with the courts. You may need to retain the services of an estate attorney for this step, as the paperwork here is somewhat complicated. But talk to your municipal courts first to see if they can direct you to the right officials.
- 4). Notify the missing person. This is a legal formality that must be undergone in most states, but can usually be accomplished by placing a notification in a local newspaper. After this has been performed, the court will hear your petition, and if the judge agrees to declare, estate proceedings will begin immediately.