Bilbo was declared dead while he was away in the Hobbit (and had to do a bunch of paperwork to get declared alive again) but there’s no indication he was formally declared dead after leaving the Shire, even though most people assumed he had died.
Therefore I posit: having a missing person declared dead in the Shire requires the consent of their next of kin. Whoever Bilbo’s next of kin was at the time of the Hobbit (possibly Otho? I’m not sure) had him declared dead at the first opportunity but Frodo refused to ever do it.
Frodo had anxious hobbit bureaucrats knocking on his door every couple of years like ‘Mr Baggins… blease… it’s been 10 years… he was eleventy-one… can we fill out his death certificate yet’ and Frodo was like ‘absolutely not’.
Early on he genuinely couldn’t bring himself too but after a while it was more that he enjoyed irritating the local magistrate’s office than anything else.
I raise you: the hobbitish bureaucracy has no means to re-declare someone dead. They had no precedent to declare someone who was once-dead dead again. They would need the Thain, the Mayor, and the Master of Buckland to agree to changing the statute, and since the Thain and the Master are too amused by the whole henclucking that they haven’t gotten round to it just yet.
I’m upping the stakes with: last time Bilbo was declared dead when he was, in fact, not dead, they removed the law stating that you can have someone declared dead without a body, so when Bilbo left (happily aware of this legal loophole and snickering) he could never become legally dead again.
I am loving the implication here that Bilbo can literally never die in the eyes of the law. He’d love that.
a hobbit parent telling their kids the story of Mad Baggins and being like “thanks to a loophole in hobbit law he’s technically still alive today”
a hobbit child misinterprets this and lies awake at night worrying that Mad Baggins is still out there and will appear in their room without warning
Alternatively: the laws for declaring somebody dead if they’re missing for long enough are still in place, but the magistrates are just refusing to enforce them in this particular case.
After all, last time they declared Bilbo Baggins dead— which involved filling out all the paperwork necessary to declare somebody dead without a body— he had the rudeness to show up again, forcing them to do a lot more paperwork, and this time with an indignant Bilbo having a go at them while they did it.
As a result, the magistrates have decided that they’re not going to declare Bilbo Baggins dead a second time unless they have a body, a coroners report explaining the cause of death, and a three day wake to make sure that he doesn’t get up and walk away again.
Centuries later, hobbit parents tell their children that Mad Baggins is forever gone from the shire— at least until the day when somebody is stupid enough to declare him legally dead, at which point legend states that he will immediately come marching back, demanding an explanation.
Technically speaking, Bilbo Baggins could very much still be alive. He left with the elves to their ageless land in order to die somewhere peaceful, but we don't know if the immortality of the elves' homeland covers just elves or all inhabitants. This means, theoretically, there is a chance that The Mad Baggins is waiting in his idyllic retirement home TO THIS DAY for the day to come that The Shire declares him legally dead, so that he may leave the lands as the Elves once did, in order to return to The Shire and show up, indignant that they claim him to be dead without a body the second time. Surely, Frodo would have told the tale of Bilbo's holiday to the people of The Shire upon his return home, and the Hobbits, already burned once before by The Mad Baggins, while they would be hesitant to believe in tales of immortal lands hidden to all but elves, would nonetheless be unable to confirm that he ISN'T still alive out there beyond the horizon, and thus no lawmaker of The Shire or even all Hobbitkind would be able to confirm that Bilbo is Dead. For surely, if there's even a chance he isn't, he would absolutely come home to dispute it with all the anger of a Hobbit scorned twice.
