§ 43-2-230 — Applications for Letters of Administration

Whenever letters of administration on the estate of any person presumed to be dead on account of absence for five or more years from the place of his or her last domicile within this state shall be applied for, it shall be the duty of the judge of probate to whom the application shall be made to accept and file the same and to thereupon take the testimony with respect to whether the petitioner is entitled to such letters; and, if the court is satisfied by the testimony that the applicant would be entitled thereto were the supposed decedent in fact dead, the court shall cause to be advertised in a newspaper published in the county, once a week for four consecutive weeks, the fact of said application, together with notice that on a day certain which shall be at least two weeks after the last of said advertisements, the court will hear evidence concerning the alleged absence of the supposed decedent, and the circumstances and duration thereof.

Legislative History

(Acts 1939, No. 46, p. 53; Code 1940, T. 61, §157; Acts 1984, No. 84-258, p. 426, §1.)