Also known as: decease · deceased · decedents · decessus · death · dead person
Written by attorneys · grounded in primary & secondary sources — see below
A person who has died, especially one recently deceased. The term identifies the individual whose death triggers legal consequences such as estate administration, termination of authority, or unavailability of testimony.
Dwight Dorsey drove his truck at excessive speed through a residential area while intoxicated. The vehicle struck and killed Danielle Dixon. Prosecutors charged Dorsey with involuntary manslaughter because his gross deviation from reasonable care caused the decedent's death.
After the president died in office, the vice president assumed the role. The Constitution's vesting of executive power ensured continuity despite the decedent's unexpected death during the four-year term.
Devon Drake had given a statement to police before trial. When the decedent could not appear because of death, the court admitted the prior statement under the hearsay exception for unavailable witnesses.
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Dorothy Daniels told her lawyer of a plan to poison her business partner. The lawyer disclosed the information to authorities to prevent reasonably certain death or substantial bodily harm to the intended victim, thereby ensuring the partner would not become the decedent.
Diego Duarte used reasonable force to repel an attacker who attempted to strike him. Because the force was not intended or likely to cause death or serious bodily harm, Duarte remained privileged even though the attacker later became the decedent.
After the mother died, state officials removed the child from the home of the unmarried father. The court held that due process required a hearing to assess the father's relationship with the child before severing custody upon the decedent's death.
Decedent specifically denotes a dead person in formal legal contexts such as probate and evidence rules. Deceased serves as a synonym but appears less frequently in technical proceedings.
Supporting sources
A nonresident decedent is one domiciled outside the jurisdiction at the time of death. This status affects which court exercises probate authority over the estate.
Supporting sources
Death renders a declarant unavailable for testimony at trial or hearing. The rule then permits introduction of certain prior statements under hearsay exceptions.
The death of the principal terminates the agent's authority without notice in most cases. Limited exceptions exist for banks honoring checks drawn before notice of death.
…a few words. Concurring — Stewart, J. In 1963, this Court, in Ferguson v. Skrupa , 372 U.S. 726, purported to sound the death knell for the doctrine of substantive due process, which had been applied to strike down state legislation concerning economic matters. In the 1960's and 1970's, however, the Court has…