Official Code of Georgia Annotated
Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 9. MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD · Article 1. ADMINISTRATION OF ESTATE
53-9-3. Hearing; finding of death.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
At the hearing the probate court shall hear such evidence as shall be offered for the purpose of ascertaining whether a diligent and reasonable effort has been made to locate the missing individual and, if appropriate, such evidence that is offered to show that the missing individual is dead or alive. No person shall be disqualified from testifying by reason of being the spouse of the missing individual or having an interest in the estate of the missing individual. If the court finds that a diligent and reasonable effort has been made to locate the missing individual and that a presumption of death has been established and has not been rebutted as provided under subsection (a) of Code Section 53-9-1 or that death has been proved by a preponderance of the evidence as provided in subsection (b) of Code Section 53-9-1, the court shall enter an order finding that the missing individual is dead and specifying the date of death.
History
Code 1981, § 53-9-3, enacted by Ga. L. 1996, p. 504, § 10.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, page 710; merge action: carried; file SHA-256 062775612dfc.