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2006 Georgia Code - 53-9-3
53-9-3. 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.
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