CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Misc. Presumptions: Civil
.........Probate & Trust Presumptions
............Death From Absence
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A person not heard from in 5 years is presumed to be dead.

Where there is evidence of a specific peril, death may be found to have occurred in a shorter period than required for statutory presumption.

Unexplained disappearance may result in inference of death, even before 5 year absence dictates use of statutory presumption of death.

May not predicate presumption of death on absence resulting from one party's desertion of other.