North Carolina creates rebuttable presumption of death for individuals missing 90 days during a disaster declaration

Original title: Alena's Law & Office of Vital Records Changes.

Last action · July 1, 2025: Ch. SL 2025-44Sponsors: Dudley Greene and 10 others

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

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What This Bill Would Do

North Carolina allows a legal presumption of death for individuals who disappear and remain absent for at least 90 days when their disappearance coincides with a state or federal disaster declaration. The law also permits interested parties to seek a court-appointed for a missing person's property after 30 days of absence rather than the prior standard.

Why it matters

Families of individuals missing during disasters can legally establish presumed death much faster than the standard seven-year absence requirement, affecting estate administration, property management, and life insurance claims.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

families of missing persons

Family members are permitted to establish a presumption of death after 90 days during a disaster and seek receivership over property after 30 days.

Directly affected

life insurers

Life insurers of the absentee must be made parties to civil actions for property receivers.

Directly affected

estate administrators and property claimants

Individuals entitled to administer an estate or claiming property interests are authorized to commence civil actions for receivership.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

When can someone file a civil action for a receiver to manage a missing person's property?

An eligible person can commence a civil action in superior court after the absentee has been absent from their place of residence with unknown whereabouts for a period of 30 days or more.

Who must be named as parties in a civil action for a receiver?

Parties must include the absentee, anyone who would have an interest in the absentee's estate if deceased, all persons known to claim an interest in the property, and all known life insurers of the absentee.

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Where This Stands

Currently passed both. The next step in the legislative lifecycle is Law.

Procedural history

30 actions

Jun 24, 2025House
Ordered Enrolled
Jun 24, 2025House
Concurred In S Com Sub
Jun 23, 2025House
Placed On Cal For 06/24/2025
Jun 19, 2025House
Cal Pursuant 36(b)
Jun 19, 2025House
Special Message Received For Concurrence in S Com Sub
Jun 19, 2025Senate
Special Message Sent To House

Show 24 earlier actions

Jun 19, 2025Senate
Passed 3rd Reading
Jun 19, 2025Senate
Passed 2nd Reading
Jun 18, 2025Senate
Reptd Fav
Jun 17, 2025Senate
Re-ref Com On Rules and Operations of the Senate
Jun 17, 2025Senate
Com Substitute Adopted
Jun 17, 2025Senate
Reptd Fav Com Substitute
Jun 9, 2025Senate
Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
Jun 9, 2025Senate
Withdrawn From Com
Apr 28, 2025Senate
Ref To Com On Rules and Operations of the Senate
Apr 28, 2025Senate
Passed 1st Reading
Apr 28, 2025Senate
Regular Message Received From House
Apr 17, 2025House
Regular Message Sent To Senate
Apr 16, 2025House
Passed 3rd Reading
Apr 16, 2025House
Passed 2nd Reading
Apr 15, 2025House
Placed On Cal For 04/16/2025
Apr 15, 2025House
Cal Pursuant Rule 36(b)
Apr 15, 2025House
Reptd Fav
Apr 15, 2025House
Re-ref Com On Rules, Calendar, and Operations of the House
Apr 15, 2025House
Reptd Fav
Apr 9, 2025House
Re-ref Com On Judiciary 1
Apr 9, 2025House
Reptd Fav
Mar 27, 2025House
Ref to the Com on Emergency Management and Disaster Recovery, if favorable, Judiciary 1, if favorable, Rules, Calendar, and Operations of the House
Mar 27, 2025House
Passed 1st Reading
Mar 26, 2025HouseIntroduced
Filed

Version history

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