# Ala. Code § 43-8-6: Section 43-8-6 Rules of Evidence; Evidence as to Death or Status; Presumption of Death

> Alabama · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-6

## Section

- **Citation:** Ala. Code § 43-8-6
- **Heading:** Section 43-8-6 Rules of Evidence; Evidence as to Death or Status; Presumption of Death
- **Jurisdiction:** Alabama
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alabama Code / Title 43 / Chapter 8 / Section 43-8-6

## Text

In proceedings under this chapter, the rules of evidence in courts of general jurisdiction, including any relating to simultaneous deaths, are applicable unless specifically displaced by the chapter. In addition, the following rules relating to determination of death and status are applicable:

(1) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death, and the identity of the decedent;

(2) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report;

(3) A person who is absent for a continuous period of five years, during which he or she has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. His or her death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.

## Nearby sections

- [Ala. Code § 43-8-1 Section 43-8-1 General Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-1.md)
- [Ala. Code § 43-8-2 Section 43-8-2 Construction of Chapter; Purposes and Policies](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-2.md)
- [Ala. Code § 43-8-3 Section 43-8-3 Supplementary Effect of Principles of Law and Equity](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-3.md)
- [Ala. Code § 43-8-4 Section 43-8-4 Construction Against Implied Repeal](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-4.md)
- [Ala. Code § 43-8-5 Section 43-8-5 Relief Against Fraud; Limitations](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-5.md)
- [Ala. Code § 43-8-6 Section 43-8-6 Rules of Evidence; Evidence as to Death or Status; Presumption of Death](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-6.md)
- [Ala. Code § 43-8-7 Section 43-8-7 Effect of Acts by Holder of General Power of Appointment, Etc., on Beneficiaries](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-7.md)
- [Ala. Code § 43-8-8 Section 43-8-8 Effective Date; Transition Provisions](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-8.md)
- [Ala. Code § 43-8-9 Section 43-8-9 Savings Provision for Counties of Jefferson and Mobile](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-9.md)
- [Ala. Code § 43-8-20 Section 43-8-20 Applicability of Chapter](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-20.md)
- [Ala. Code § 43-8-21 Section 43-8-21 Venue; Multiple Proceedings; Transfer](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-21.md)
- [Ala. Code § 43-8-22 Section 43-8-22 Filed Documents Deemed to Include Oath or Affirmation](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-22.md)
- [Ala. Code § 43-8-23 Section 43-8-23 Availability of Summary Distribution Proceedings for Small Estates](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-23.md)
- [Ala. Code § 43-8-40 Section 43-8-40 Disposition of Intestate Estate](https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-40.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AL_T43_C8_S43-8-6. Check the current official text before relying on it. Not legal advice.