Get a missing person declared dead

If you believe someone is dead, but their body is missing, you cannot get a death certificate. You’ll need a court order to declare the missing person dead first. This process is known as getting a 'declarator of death' from the court.

You may need a death certificate if you want to:

• access any money they own in their name
• carry out what they asked for in their will
• stop bills for any money they owe
• end your marriage or civil partnership because they’re dead

How to apply

You should find a solicitor to help you raise a court action to declare a death. The solicitor will need to convince the court that the missing person has died. There needs to be a reason for raising the court action, either:

• they have been missing for at least 7 years
• they have been missing for less than 7 years and the person is thought to have died – for example, if they go missing at sea and it's not likely that they could have survived

Who can apply

Anyone can raise an action in court as long as the missing person was living in Scotland for the last 12 months before they went missing.

If they were not living in Scotland you can also raise an action if you:

• are the spouse or civil partner of the missing person
• have lived in Scotland for at least the last 12 months before you make a claim

After an action is raised

If the court agrees a missing person has died, the court will grant a 'declarator of death'. The court will then inform the National Records of Scotland (NRS), who will register the death. You can then order a death certificate from NRS.