§58-946.

§58-946.
   
   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.