CHAPTER 133. PRESUMPTION OF DEATH
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
CHAPTER 133. PRESUMPTION OF DEATH
Sec. 133.001. SEVEN-YEAR ABSENCE. Any person absenting himself
for seven successive years shall be presumed dead unless it is
proved that the person was alive within the seven-year period.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.15(a), eff. Sept.
1, 1987. Renumbered from Civil Practice & Remedies Code Sec.
131.001 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(4), eff. Aug.
28, 1989.
Sec. 133.002. ARMED SERVICES CERTIFICATE OF DEATH. If a branch
of the armed services issues a certificate declaring a person
dead, the date of death is presumed to have occurred for all
purposes as stated in the certificate. The certificate may be
admitted in any court of competent jurisdiction as prima facie
evidence of the date and place of the person's death.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.15(a), eff. Sept.
1, 1987. Renumbered from Civil Practice & Remedies Code Sec.
131.002 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(4), eff. Aug.
28, 1989.
Sec. 133.003. RESTORATION OF ESTATE. (a) If an estate is
recovered on a presumption of death under this chapter and if in
a subsequent action or suit it is proved that the person presumed
dead is living, the estate shall be restored to that person. The
estate shall be restored with the rents and profits of the estate
with legal interest for the time the person was deprived of the
estate.
(b) A person delivering an estate or any part of an estate under
this section to another under proper order of a court of
competent jurisdiction is not liable for the estate or part of
the estate.
(c) If the person recovering an estate on a presumption of death
sells real property from the estate to a purchaser for value, the
right of restoration under this section extends to the recovery
of the purchase money received by the person, but does not extend
to the recovery of the real property.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.15(a), eff. Sept.
1, 1987. Renumbered from Civil Practice & Remedies Code Sec.
131.003 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(4), eff. Aug.
28, 1989.