Alaska Dist. Ct. R. Civ. P. 32

(a) Petition. Any interested person desiring to establish

the presumption of death of a missing person in cases

authorized by statute may file a verified petition in a district

court in the district where it is believed the missing person has

suffered death or in the district where such person last resided

prior to the person’s disappearance. The petition shall show the

following:

(1) The name of the person believed to have suffered

death.

(2) The circumstances leading to such belief.

(3) That after due and diligent search such person cannot

be found.

(b) Jury. If the court is satisfied that the circumstances

surrounding the disappearance of the missing person afford

reasonable grounds for believing that such person has suffered

death, the court shall summon and impanel a jury of qualified

persons. The members of the jury, before beginning their

duties, shall be sworn to diligently inquire into and justly

consider all the facts and circumstances concerning the

disappearance of the missing person, and from a fair

consideration thereof to determine whether the court is

justified in entering an order declaring that such person is

presumed to be dead.

(c) Hearing. The jury shall inquire into the facts set

forth in the petition. The testimony of witnesses under oath

shall be heard and other evidence presented as upon the trial of

an action. Depositions may be accepted where the magistrate

judge believes that travel time and costs do not warrant a

personal appearance.

(d) Verdict—Approval by Court—Order. After having heard all of the evidence presented, the jury shall retire

for deliberation. If by its unanimous verdict in writing the jury

finds that it may be fairly presumed that the missing person has

suffered death, the court must endorse upon the verdict its

approval or disapproval of such findings. If approval is given,

the court shall enter an order declaring that the missing person

is presumed to be dead. The order shall take effect at the

expiration of six months from the date that the jury’s findings

and verdict are approved, except that in cases where there is

clear and convincing evidence of the presumed death the order

will take effect at such earlier time as the court shall specify

therein.

(e) Presumptive Death Certificate. After the order of

approval referred to in subdivision (d) has become effective or

upon receiving a copy of an order or decree of the superior

court that a person has not been heard of for a period of five

continuous years and is presumed to be dead, the magistrate

judge shall make out, sign, and file with the Bureau of Vital

Statistics a presumptive death certificate containing such

information as may be required by the bureau. On the effective

date of the order of presumptive death, the missing person

shall be presumed to be dead, and the person’s estate may be

administered in accordance with the then existing provisions of

law applicable to the administration of the estates of deceased

persons.

(f) Correction of Presumptive Death Order and

Certificate. If the body of the missing person is found, or such

person is discovered to be alive after an order of presumptive

death has been entered, the court shall conduct a hearing, with

or without a jury, to determine the facts, and shall enter an

appropriate order for the correction, substitution or removal by

the Bureau of Vital Statistics of the presumptive death

certificate in accordance with the findings made if additional

facts are brought to light.