Code of Virginia - Title 64.1 Wills And Decedents' Estates - Section 64.1-110 Hearing application; evidence receivable; further publication

§ 64.1-110. Hearing application; evidence receivable; further publication

At the hearing, the court shall hear such legal evidence as may then be offered for the purpose of ascertaining whether or not the presumption of death is made out. If satisfied that the legal presumption of death is made out, the court shall so order. If the evidence shows the length of absence of a presumed decedent to be less than 10 years, the court shall forthwith cause notice of the order to be inserted once a week for two successive weeks in a newspaper published in the county or city and also, when practicable, in a newspaper published at or near the place where the presumed decedent had his residence when last heard from. The notice shall require the presumed decedent, if alive, or any person for him, to produce to the court within two weeks from the date of its last insertion, satisfactory evidence of his continuance in life. If there is not a newspaper in the county or city in which the publication required by this section and § 64.1-108 may be had, the same may be published in such newspaper having general circulation therein as the court shall order. The cost of such publication shall be paid by the petitioner or applicant.

(Code 1950, § 64-106; 1968, c. 656; 1996, cc. 352, 675, 684; 2006, c. 351.)

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Last modified: April 16, 2009