N.Y. Estates, Powers & Trusts Law § 2-1.7: Presumption of death from absence; effect of exposure to

§ 2-1.7 Presumption of death from absence; effect of exposure to

specific peril

(a) A person who is absent for a continuous period of three years,

during which, after diligent search, he or she has not been seen or

heard of or from, and whose absence is not satisfactorily explained

shall be presumed, in any action or proceeding involving any property of

such person, contractual or property rights contingent upon his or her

death or the administration of his or her estate, to have died three

years after the date such unexplained absence commenced, or on such

earlier date as clear and convincing evidence establishes is the most

probable date of death.

(b) The fact that such person was exposed to a specific peril of death

may be a sufficient basis for determining at any time after such

exposure that he or she died less than three years after the date his or

her absence commenced.

(c) The three-year period provided herein shall not apply in any case

in which a different period has been prescribed by statute.