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2019 New Hampshire Revised Statutes
Title LVI - Probate Courts and Decedents' Estates
Chapter 563 - Uniform Simultaneous Death Act
Section 563:5 - Evidence of Death or Status.
Universal Citation: NH Rev Stat § 563:5 (2019)
563:5 Evidence of Death or Status. –
In addition to otherwise applicable rules of evidence, the following rules relating to a determination of death and status apply:
I. Death occurs when an individual is determined to be dead under RSA 141-D:2.
II. A certified or authenticated copy of a death certificate purporting to be issued by a governmental official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and of the identity of the decedent.
III. A certified or authenticated copy of any record or report of a governmental official or agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, times, identities, circumstances, and places disclosed by the record or report.
IV. In the absence of prima facie evidence of death under paragraph II or III, the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
V. An individual whose death is not established under the preceding paragraphs who is absent for a continuous period of 4 years, during which time that individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
VI. In the absence of evidence disputing the time of death stated on a document described in paragraph II or III, a document described in paragraph II or III that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.
In addition to otherwise applicable rules of evidence, the following rules relating to a determination of death and status apply:
I. Death occurs when an individual is determined to be dead under RSA 141-D:2.
II. A certified or authenticated copy of a death certificate purporting to be issued by a governmental official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and of the identity of the decedent.
III. A certified or authenticated copy of any record or report of a governmental official or agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, times, identities, circumstances, and places disclosed by the record or report.
IV. In the absence of prima facie evidence of death under paragraph II or III, the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
V. An individual whose death is not established under the preceding paragraphs who is absent for a continuous period of 4 years, during which time that individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
VI. In the absence of evidence disputing the time of death stated on a document described in paragraph II or III, a document described in paragraph II or III that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.
Source. 1998, 1:1, eff. Jan. 1, 1999. 2005, 280:5, eff. Jan. 1, 2006.
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