---
kind: "section"
citation: "20 C.F.R. § 404.721"
title: "20"
number: "404.721"
heading: "Evidence to presume a person is dead."
url: "https://uscodex.org/cfr/20/404.721"
---

# §404.721. Evidence to presume a person is dead.


If you cannot prove the person is dead but evidence of death is needed, we will presume he or she died at a certain time if you give us the following evidence:

- (a) A certified copy of, or extract from, an official report or finding by an agency or department of the United States that a missing person is presumed to be dead as set out in Federal law ([5 U.S.C. 5565](/usc/5/5565.md)). Unless we have other evidence showing an actual date of death, we will use the date he or she was reported missing as the date of death.
- (b) Signed statements by those in a position to know and other records which show that the person has been absent from his or her residence and has not been heard from for at least 7 years. If the presumption of death is not rebutted pursuant to [§ 404.722](/cfr/20/404.722.md), we will use as the person's date of death either the date he or she left home, the date ending the 7 year period, or some other date depending upon what the evidence shows is the most likely date of death.
- (c) If you are applying for benefits as the insured person's grandchild or stepgrandchild but the evidence does not identify a parent, we will presume the parent died in the first month in which the insured person became entitled to benefits.

## Notes

### Amendments

[43 FR 24795, June 7, 1978, as amended at 60 FR 19164, Apr. 17, 1995]

### Authority

Authority: 42 U.S.C. 405(a), 902(a)(5), and 1320e-3.

### Amendments

[43 FR 24795, June 7, 1978, as amended at 60 FR 19164, Apr. 17, 1995]