Iowa Admin. Code r. 641-97.16 - Registration of presumptive death
(1) A petition shall be filed with the
district court in the county where the presumptive death occurred and shall be
supported with the completed Affidavit of Personal Knowledge of a Missing
Person form. The form shall be completed by the surviving next of kin of the
deceased, or the surviving next of kin's legal representative, in the following
descending order:
a. Spouse, if not legally
separated from the decedent;
b.
Child or the child's legal guardian if the child is under the age of
majority;
c. Parent;
d. Grandchild or the grandchild's legal
guardian if the grandchild is under the age of majority;
e. Sibling;
f. Grandparent;
g. Aunt or uncle;
h. Niece or nephew; or
i. A person in the next degree of kinship to
the decedent in the order named by law to inherit the estate of the decedent
pursuant to Iowa Code sections
633.210 to
633.226.
(2) In addition to the Affidavit
of Personal Knowledge of a Missing Person form or in the absence of the next of
kin, the petition may be supported by the following:
a. Affidavit by Employer for an Employee Who
Was Working at Time of Disappearance form;
b. Affidavit by Government Official for a
Government Employee Missing While Involved in Rescue Efforts form; or
c. Affidavit by Reliable Informant of Missing
Person form.
(3) The
state registrar shall provide the affidavit forms and the certificate of
presumptive death. The affidavits and the certificate of presumptive death
shall be registered and maintained solely at the state registrar's
office.
(4) Upon presentation of a
certified copy of a court order, the state registrar shall file a certificate
of presumptive death pursuant to Iowa Code sections
633.517
to
633.520.
The order from the district court shall only establish the presumptive death
record.
(5) In cases under the
jurisdiction of the medical examiner, the certified copy of the court order and
the completed supporting affidavits listed in subrules 97.16(1) and 97.16(2)
shall be delivered to the medical examiner The medical examiner shall complete
the certificate of presumptive death and certify to the cause of
death.
(6) The certificate of
presumptive death shall be registered and maintained solely at the state
registrar's office.
(7) The
certificate of presumptive death shall be recorded based on the date of the
court order and shall not be registered as a delayed certificate.
(8) If the missing person is located and
found to be alive, the certificate of presumptive death shall be voided and
removed from the vital records system of registration. Any issued certified
copies shall be surrendered to the state registrar.
Notes
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