Title 53, Chapter 9, Section 1
( 53-9-1)
(a) A domiciliary of this state who has been missing from the last
known place of domicile for a continuous period of four years shall
be presumed to have died; provided, however, that such presumption
of death may be rebutted by proof. The date of death is presumed to
be the end of the four-year period unless it is proved by a
preponderance of the evidence that death occurred earlier. (b) When any domiciliary of this state has been missing from the
last known place of domicile for a continuous period of 12 months or
more, the death of the individual may be proved by a preponderance
of the evidence. (c) Notwithstanding any proof of a date of death that is earlier
than the end of the four-year period set out in subsection (a) of
this Code section, the missing individual shall be deemed to have
predeceased any other individual who has died prior to the date any
petition for letters or other action on the missing individual's
estate is filed and from whom the missing individual would have
taken an interest in property as an heir or beneficiary or
otherwise. |