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HomeProbate CodeDiv. 2Pt. 4Ch. 1§ 204 Death Declaration Evidence

§ 204 Death Declaration Evidence

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 204 Death Declaration Evidence

This law lets written petitions and sworn statements be used just like live testimony, and lets a court officially declare that someone has died, which then counts as proof of death unless someone shows otherwise.

Key Takeaways

  • •Written petitions and affidavits have the same power as live testimony.
  • •A court can issue a judgment that officially says a person is dead.
  • •That judgment is considered proof of death unless someone can prove otherwise.

Example

A family files a petition with written statements from neighbors saying their relative died in a fire, but no one can appear in court.

The court can treat those written statements as if the people were in the courtroom, and can issue a judgment saying the person is dead. That judgment is then taken as evidence of death unless someone brings new proof.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 204 Death Declaration Evidence

(a) The petition and supporting affidavits may be received in evidence and acted upon by the court with the same force and effect as if the petitioner and affiants were personally present and testified to the facts set forth. (b) The court may render judgment establishing the fact of the death. The judgment is prima facie evidence of the fact of the death. The presumption established by this subdivision is a presumption affecting the burden of producing evidence. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

petitionsupporting affidavitsprima facie evidenceburden of producing evidence

Related Statutes

  • § 1201 Notice Exemption For Petitioners
  • § 1211 Notice Of Hearing Form
  • § 1213 Notice To Surety On Court Bond
  • § 1511 Guardian Appointment Notice Requirements
  • § 201 Probate Jurisdiction And Petition

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 204.
View Official Source