- If a person is not heard of for 7 years, an application can be made for Probate of their will (if there is a will) or Letters of Administration of their estate (if there is no will).
- Death must be the most likely explanation for silence. This means that they more likely disappeared to avoid paying their debts.
- The time may be shortened if they were exposed to 'unusual perils' such as being lost at sea or in a plane. This is what happened to the passengers of the plane that disappeared on the way to Lord Howe Island.
- Sometimes the declaration of death is made by an inquest into the disappearance.