---
title: O.C.G.A. § 53-9-3. Hearing; finding of death.
collection: code
id: 53-9-3
cite_as: O.C.G.A. § 53-9-3 (2025)
canonical_url: https://georgiacommons.org/code/53-9-3
md_url: https://georgiacommons.org/code/53-9-3.md
text_url: https://georgiacommons.org/code/53-9-3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=710
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/53-9.md
previous: https://georgiacommons.org/code/53-9-2.md
next: https://georgiacommons.org/code/53-9-4.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD / ADMINISTRATION OF ESTATE
---

# O.C.G.A. § 53-9-3. Hearing; finding of death.

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.