Code of Federal Regulations Title 43. Public Lands:  Interior § 43.30.124 When may a judge make a finding of death?

(1) A determination from a court of competent jurisdiction;  or

(2) Clear and convincing evidence.

(1) The absent person is presumed to be alive if credible evidence establishes that the absent person has had contact with any person or entity during the 6–year period preceding the hearing;  and

(2) The absent person is presumed to be deceased if clear and convincing evidence establishes that no person or entity with whom the absent person previously had regular contact has had any contact with the absent person during the 6 years preceding the hearing.