§ 53-9-1 - (Pre-1998 Probate Code) Application for administration of estate of person believed to be dead; notice as to hearing; letters of administration or letters testamentary on estate of person
O.C.G.A. 53-9-1 (2010)
53-9-1. (Pre-1998 Probate Code) Application for administration of estate of person believed to be dead; notice as to hearing; letters of administration or letters testamentary on estate of person absent for less than seven years
(a) Letters of administration or letters testamentary on the estate of any person believed to be dead on account of his absence for seven years or more from the place of his last domicile may be applied for. When any resident of this state has been missing from his usual place of abode for a period of not less than one year and it appears by a preponderance of the evidence that the person is dead, letters of administration or letters testamentary may also be applied for.
(b) If the judge of the probate court of the county in which the estate of the person could be administered if the supposed decedent were known to be dead is satisfied that the applicant would be entitled thereto were the supposed decedent known to be dead, he shall order a notice to be published, once a week for four weeks, in a newspaper having a general circulation in the county, giving notice that on a day stated, which must be at least two weeks after the last publication, evidence will be heard by the court concerning the alleged absence of the supposed decedent and the circumstances and duration thereof.
(c) Before letters of administration or letters testamentary shall be granted on the estate of any person on account of absence for less than seven years, evidence of death, by a preponderance of the evidence, must be presented to the judge of the probate court.