§ 58-946. Hearing - Presumption of death - Search or inquiry - Decree - Issuance of letters testamentary or of administration.

A.  At the hearing, the court shall determine whether the absentee is a person who is presumed to be dead.  The court may receive evidence and consider the affidavits and depositions of persons likely to have seen or heard from or know the location of the absentee.

B.  If the court is not satisfied that a diligent search or inquiry has been made for the absentee, the court may order the petitioner to conduct a diligent search or inquiry and to report the results.  The court may order the search or inquiry to be made in any manner that the court determines to be advisable.

C.  The costs of a search ordered by the court pursuant to subsection B of this section shall be paid by the estate of the absentee.

D.  If, upon said hearing, it appears to the court, upon the evidence offered and of witnesses sworn and examined, that said person for the estate of whom letters testamentary or of administration is asked, has been continuously absent and unaccounted for for a period of more than seven (7) years prior to the date of the filing of said petition, and if it shall further appear upon said hearing that the person for whom letters testamentary or of administration is being asked is qualified, as now provided by law, to act as such, said court shall make and enter a decree declaring such person to be legally dead, and have the full power and authority to issue letters testamentary or of administration to said person, or any other fit and proper person, and that thereafter all further proceedings upon the estate of said absent person shall be had as provided by law, and, with the same force and effect as if the death of said absent person had been definitely proven.

Laws 1937, p. 6, § 6.