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O.C.G.A. § 53-9-20 — Presumption or proof of death | Georgia Code
O.C.G.A. § 53-9-20 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 9. Missing Persons and Persons Believed to be Dead, 53-9-1 through 53-9-21.

ARTICLE 3 NONDOMICILIARIES

53-9-20. Presumption or proof of death.

If an individual who is domiciled outside this state and possessed of any interest in or claim to or against real or personal property or cause of action located in this state shall have been absent for a period of time under circumstances whereby, pursuant to the law of the place in which the individual is domiciled, the individual is presumed to be dead, and a court of competent jurisdiction in the place of domicile has entered a final order or decree that the individual is presumed to be dead, the provisions of this title shall apply in every respect as if the individual in fact had died. If the individual shall have been absent for a period of not less than four years and shall not have been declared dead in the domiciliary jurisdiction, the individual may be declared dead in this state pursuant to the provisions of Article 1 of this chapter, as if a domiciliary of this state, for purposes of the property interests or claims or causes of action located in this state.

(Code 1981, §53-9-20, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This Article has no counterpart in former OCGA Title 53. The purpose of this Article is to provide for the application of the rules relating to individuals believed to be dead and missing individuals to nondomiciliaries for purposes of the management and distribution of property or causes of action located in Georgia.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.