The paper proposes a solution to the problem with Odysseus’ kingship in the Odyssey by maintaining that Odysseus is not officially considered dead. Consequently, Telemachus cannot inherit the position of king and Penelope must leave Odysseus’ household before remarrying. After discussing the modern concept of legal death and previous interpretations of the Ithacan situation, the paper focusses on Athena's speech at 1.275–92. A close reading demonstrates that erecting a cenotaph to Odysseus would be tantamount to a modern declaration of death (...) in absentia, since it will render Penelope a widow and Telemachus the head of the household. This legal convention chimes with the Homeric depiction of Hades. (shrink)