Declared death in absentia
declaring person legally dead despite the absence of direct proof of the person's death, such as the finding of remains
A person may be legally declared dead in absentia, i.e. a legal presumption of death may be declared, despite without proof of the person's death, such as the finding of remains (e.g., a corpse or skeleton) of that person. Such a declaration is usually made when a person has been missing for a long amount of time. If there is lack of evidence that the person is still alive after a period of time, then they could be legally declared dead. Amelia Earhart was declared dead in absentia.
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