In accordance with article 801 of the Code of Civil Procedures for Mexico City, the heirs ab intestate Those who are descendants of the deceased can obtain the declaration of their right, justifying with the corresponding documents or with the proof that is legally possible, their relationship with the deceased, and with testimonial information that proves that they or those they designate are the only heirs.
However, it does not mean that the testimonial information referred to in the final part of the aforementioned legal provision aims to protect or constitute the right to inherit of the applicant, but rather to prevent third parties with rights to inheritance from being excluded, as long as the hypothesis The regulations provided for in this section have the sole purpose of proving, through the establishment of a legal presumption, that those summoned are the only heirs and there are no others.
Accordingly, the descendants of those who die intestate (ab intestate) They are recognized as having the right to inherit if they provide documents or legal proof of their relationship to the person, and with testimonial information that proves that they or those they have designated are the only heirs.
Although it is true that the aforementioned article authorizes the offering of testimonial information by the heirs of the deceased, it is also true that from a correct and comprehensive understanding of said legal precept it follows, first of all, that the expression relating to ” “intestate heirs who are descendants of the deceased…” refers to those who are descendants in a straight line, that is, those who are in a position to prove their connection in the terms authorized by said section are the children, grandchildren, etc. , of the author of the succession, and secondly, the purpose of the testimonial information is not to prove the hereditary rights of the applicants to the inheritance, but only to prove that they are the only heirs.
If those who promote the intestate trial claim to be descendants in a collateral line, the provisions of the precept invoked are not applicable in their favor, a circumstance that is corroborated by the content of section 807 of the normative body itself, relating to the fact that when the complaint is made by the collateral relatives of the same, it is categorical in terms of demanding from them proof of the connection, and even when it later adds to the testimonial information, the truth is that, as previously stated, such proof is not intended to prove the connection, but to demonstrate that there are no other persons with the right to succeed other than the complainants of the intestate trial.
As stated in the preceding paragraphs, the witness evidence mentioned by article 801 of the Procedural Code applicable in Mexico City is planned to be reported to the judge in the corresponding hearing, which is known as the ‘801 hearing’, if in the succession in question there are heirs other than those who had been mentioned in the procedure up to that point, but not to prove during this procedure the filiation or kinship or connection with that of cujus. In this way, the designation of the heirs will be carried out at that hearing.
This is the Law.