If proceedings to open the succession of a deceased person who was not domiciled in this state at the time of his death are brought in two or more district courts of competent jurisdiction, the court in which the proceeding was first brought shall retain jurisdiction over the succession, and the other courts shall stay their proceedings. The court retaining jurisdiction may adopt by ex parte order any of the proceedings taken in any other Louisiana court of competent jurisdiction, with the same force and effect as if these proceedings had been taken in the adopting court.
Art. 2812.Proceedings In Different Courts; Stay; Adoption of Proceedings By Court Retaining Jurisdiction
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 1. Jurisdiction · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2812 resolves a jurisdictional conflict when a non-domiciliary decedent's succession is opened in more than one Louisiana district court, giving priority to whichever court the proceeding was filed in first and letting that court adopt work already done elsewhere.
Full Text of Art. 2812
Plain-English Summary
Article 2811's fallback rules for a non-domiciliary decedent, venue in any parish with immovable property, or, failing that, movable property, can point to more than one parish at once. Article 2812 handles what happens when relatives or creditors act on that overlap and open competing proceedings in two or more district courts.
The rule is first-in-time. Whichever court the succession proceeding was brought in first keeps jurisdiction over the whole succession. Every other court where a competing proceeding was filed has to stay its own case, pausing further action rather than pressing forward on a parallel track.
To avoid wasting whatever work already happened in the stayed courts, Article 2812 lets the court that retains jurisdiction adopt those earlier proceedings by an ex parte order, without a hearing or opposition from the other side. An inventory taken, a testament produced, or another step completed in the losing court can carry over into the winning one, with the same effect as if the retaining court had done it directly.
Frequently Asked Questions
What happens if a succession is opened in two Louisiana parishes at the same time?
The district court where the proceeding was filed first keeps jurisdiction over the entire succession, and any other court where a competing proceeding was opened must stay its case.
Does work done in the losing court get thrown out?
Not necessarily. Article 2812 lets the court that retains jurisdiction adopt, by ex parte order, proceedings already taken in the other Louisiana court, giving them the same effect as if done in the retaining court.
Does Article 2812 apply to a decedent who was domiciled in Louisiana?
The conflict it addresses arises from Article 2811's property-based venue rules for a decedent not domiciled in the state, since a Louisiana domiciliary's succession has a single, fixed domicile-based venue.
Do I need a hearing to have the retaining court adopt proceedings from the stayed court?
No. Article 2812 allows the retaining court to adopt those proceedings by ex parte order, without a contested hearing.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: competing succession proceedings LouisianaArticle 2812 Louisianawhich court keeps jurisdiction successionstay of succession proceeding Louisianaex parte adoption of succession proceedings