Louisburg, NC asked in Probate for Georgia

Q: In 2006, I legally declared my husband with court order of Presumption of Death/Missing in Cobb County Ga. due to

missing since 2004, it has been almost 15 years now and i need to know how to get him legally declared dead with certificate to take care of Social Security. what are my options or information on how to do this?

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2 Lawyer Answers
Nina Whitehurst
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Answered

A: Make an appointment with your nearest Social Security office and bring the Court Order of Presumption of Death with you. If you have his social security card, bring that too. You will also need identification for yourself, such as a driver license, and it would be a good idea to also bring your marriage certificate.

A: There is a process in probate court to have a missing person declared dead. You in all likelihood need to retain a lawyer to help you with this. You should interview lawyers who have experience with this kind of matter and who practice mostly in the probate courts. It is a rare petition to bring, but the probate judges know how to help with situations like this.

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