Can beneficiaries claim life insurance if the insured person is missing?

When a policyholder is missing and presumed dead, beneficiaries can claim the death benefit, but the process is more complex than a standard claim. A death certificate is required, and obtaining one requires legal action when a body hasn't been found.

Nevada courts can issue a declaration of presumed death after five years of unexplained absence under NRS 155.120. In cases of disappearance during clearly dangerous circumstances (such as a known disaster or a documented high-risk situation), courts may presume death earlier.

The legal process involves filing a petition in Nevada district court. The court will consider the circumstances of the disappearance, attempts to locate the person, and other evidence before issuing a presumption of death order.

Once a presumption of death order is issued, it functions as a death certificate for insurance purposes. Beneficiaries can then submit a standard life insurance claim with this court order in lieu of a traditional death certificate.

Some carriers may pay claims after a shorter disappearance period if the circumstances clearly indicate death—for example, disappearance during a natural disaster with no body recovered. Others strictly require the legal presumption process.

Agents in our network can advise on the claim process for missing persons situations and help beneficiaries navigate carrier-specific requirements.