CHAPTER 2. EVIDENCE OF JURISDICTION AND HEIRSHIP Art. 2821. Evidence of jurisdiction, death, and relationship The deceased’s domicile at the time of his death, his ownership of property in this state, and all other facts necessary to establish the jurisdiction of the court may be evidenced by affidavits. The deceased’s death, his marriage, and all […]
Art. 2822. Requirements of affidavit evidence The affidavits referred to in Article 2821 shall be executed by two persons having knowledge of the facts sworn to. These affidavits shall be filed in the record of the succession proceeding.
Art. 2823. Additional evidence In any case in which evidence by affidavit is permitted under Article 2821, the court may require further evidence of any fact sworn to therein by the introduction of evidence as in ordinary cases.
Art. 2824. No affidavit evidence of factual issues No fact which is an issue in a contradictory proceeding in a succession may be proved by affidavit under Articles 2821 and 2822. In all such contradictory proceedings, issues of fact shall be determined on the trial thereof only by evidence introduced as in ordinary cases.
Art. 2825. Costs In all succession proceedings conducted ex parte, the court costs are to be paid as administration expenses. In all contradictory succession proceedings, the court costs are to be paid by the party cast, unless the court directs otherwise. Amended by Acts 1997, No. 1421, §3, eff. July 1, 1999.
Art. 2826. Definition of certain terms used in Book VI Except where the context clearly indicates otherwise, as used in the Articles of this Book: (1) "Residuary legatee" includes a recipient of a universal legacy or a general legacy, and also includes a residuary heir. (2) "Residuary heir" is a successor who inherits the residue […]
