Death in absentia describes a legal finding of death if a person has been missing for more than a certain period of time.

In many cases, although a body cannot be found, a person can be declared dead if the circumstances warrant. For example, the passengers and crew of the Titanic were presumed to be dead immediately after the disaster if they were not among the survivors. The same is usually true of soldiers Missing in Action, who are presumed to be dead after a short period of time. Generally speaking, if a person is missing, evidence can be presented in court of circumstances that would lead the court to believe the person was deceased on the balance of probabilities. The New York Herald reports the disaster. ... MIA is a three-letter acronym that is most commonly used to designate a combatant who is Missing In Action, and has not yet returned or otherwise been accounted for as either dead (KIA) or a prisoner of war (POW). ... Burden of proof is the obligation to prove allegations which are presented in a legal action. ...

However, if there is no clear reason for a person's disappearance, and no evidence of their death, they do not remain alive indefinitely. At some point in the future, usually set by statute (although the common law set the period of time at seven years), the person is presumed to be dead if there is no evidence to the contrary. A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...

There have been several cases of persons disappearing with no indication of foul play. Two of the most famous are Lord Lucan of Great Britain, and the case of Judge Crater in the United States. Earl of Lucan was a title in the Irish peerage which has been possessed by two related Irish families in creations of 1634 and 1795. ... Joseph Force Crater (1889 - ?) was a judge in New York City who disappeared on August 6, 1930. ...