US Legal Forms
Legal Resources
Questions & Answers
Death
When is a missing person considered legally deceased in Oregon?

When is a missing person considered legally deceased in Oregon?

Q: How long before a missing person is declared dead in the US?

The time it takes to declare a missing person dead varies by state. In Oregon, a person may be presumed dead after a diligent search fails to locate them, especially in cases involving natural disasters. However, there is no specific time frame, as each case is evaluated individually by the court.

Q: What is considered officially dead?

A person is considered officially dead when a death certificate is issued, which can occur under various circumstances, including when a person is presumed dead due to long-term absence or specific conditions like natural disasters. In Oregon, this process requires a court order based on a presumption of death.

Q: Is a missing person considered dead?

A missing person is not considered dead until a legal presumption of death is established. In Oregon, this can happen if they are missing under certain conditions, such as being unaccounted for after a disaster, and if a thorough search does not yield any results. A court must then issue a death certificate.

Full question:

My aunt disappeared from her Oregon coast home on 01/22/09. To date, her disappearance is still a mystery. On the morning that she left, the sheriff, K-9 unit and Coast Guard could find no trace of her. She was clad in just pajamas and carried no identification. She suffered from dementia and would be 92 years old in March. The question being when is a person in this situation considered to be legally deceased and a death certificate issued?

Category: Death
Date: 04/07/2025
State: Nevada

Answer:

In Oregon, a person reported missing can be presumed dead under certain conditions. According to ORS 176.740, the Governor can declare a presumption of death if a natural disaster or similar event occurs. For a missing person, they may be presumed dead if:

They were near the location of such an event on the specified date, and
Their absence cannot be satisfactorily explained after a diligent search.

If these conditions are met, the court can order the State Medical Examiner to issue a death certificate, which will be filed with the county registrar without a fee. The death certificate will indicate that it was issued based on this presumption.

Additionally, law enforcement must report missing persons and gather relevant information, which aids in identifying them or their remains (ORS 146.181).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Are missing people considered dead?

Missing people are not automatically considered dead. In Oregon, a person can be presumed dead if certain conditions are met, such as being missing for a significant time after a natural disaster or similar event, and if their absence cannot be satisfactorily explained after a diligent search. A court can then order a death certificate to be issued based on this presumption.