§ 53-9-2 - (Pre-1998 Probate Code) Hearing of evidence for ascertaining whether presumption of death established; effect of spousal relationship to supposed decedent on capacity to testify; issuance - Georgia Statutes

O.C.G.A. 53-9-2 (2010)
53-9-2. (Pre-1998 Probate Code) Hearing of evidence for ascertaining whether presumption of death established; effect of spousal relationship to supposed decedent on capacity to testify; issuance of order of presumption of death; publication of notice of order; contents of notice

(a) At the hearing provided for in Code Section 53-9-1, the judge of the probate court shall hear such evidence as shall be offered for the purpose of ascertaining whether a presumption of death is established. No person shall be disqualified to testify by reason of his relationship as spouse to the supposed decedent or of his interest in the estate of the person believed to be dead.

(b) If satisfied, upon the hearing, that a legal presumption of death is established, the judge of the probate court shall issue an order to that effect and shall forthwith cause notice thereof to be published once a week for four consecutive weeks in a newspaper having general circulation in the county, as well as in a newspaper having general circulation in the place where the supposed decedent was last heard from, if such place is not within the county. The notice shall require the supposed decedent, if alive, or any person for him, to produce, within three months from the date of its first insertion, satisfactory evidence of his continuance in life.