Heirship proceedings are heard on Wednesday at 10:00 a.m.
An attorney ad litem to represent the unknown heirs and heirs suffering disability is required in all heirship proceedings. Although the Probate Code makes the appointment discretionary, the Court has determined that one must be appointed in each case. In several cases, the applicant has been untruthful about the heirship, which was discovered by the attorney ad litem.
Two disinterested witnesses are required. Disinterested witnesses are witnesses who have no interest in the estate.
The witnesses do not have to appear live. A deposition on written questions may be taken of the out-of-town witnesses. The Rules of Civil Procedure must be followed in taking the deposition on written questions. An affidavit is not sufficient. Interrogatories cannot be used.
The Court can make a determination of heirship on the testimony of only one witness if it is impossible to find an additional witness. The Court would prefer an interested witness, in addition to the one disinterested witness, if that is all that is available.
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