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 other facts necessary to establish the relationship of his heirs may be evidenced either by official certificates issued by the proper public officer, or by affidavits.
Art. 2821.Evidence of Jurisdiction, Death, and Relationship
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 2. Evidence of Jurisdiction and Heirship · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2821 lets a petitioner prove the deceased's domicile, property ownership, and other jurisdictional facts by affidavit, and lets death, marriage, and other facts establishing an heir's relationship to the deceased be proved by official public certificates or by affidavit.
Full Text of Art. 2821
Plain-English Summary
Before a succession can move forward, someone has to establish the basic facts that give the court authority to act: where the deceased was domiciled, what property the deceased owned in Louisiana, that the deceased died, and, where heirship is at issue, the family relationships connecting the deceased to the people who stand to inherit.
Article 2821 lets most of that proof come in on paper rather than through live testimony. Domicile, property ownership, and the other facts needed to establish jurisdiction under Article 2811 can be shown by affidavit. Death and marriage, and any other fact needed to establish an heir's relationship to the deceased, can be shown either by an official certificate from the proper public officer, such as a death certificate or marriage certificate, or by affidavit when no such certificate is available.
This saves petitioners from having to march witnesses into court to establish facts that are rarely disputed. The tradeoff comes later, in Article 2824: if a fact under this article becomes contested in a contradictory proceeding, affidavit evidence is no longer enough, and the parties have to prove it through the ordinary introduction of evidence.
Frequently Asked Questions
How do I prove the deceased's domicile in a Louisiana succession?
By affidavit. Article 2821 allows domicile, along with property ownership and other jurisdictional facts, to be proved that way rather than through live testimony.
Can I use a death certificate instead of an affidavit to prove death?
Yes. Article 2821 allows death and marriage to be proved by an official certificate from the proper public officer, or by affidavit if no certificate is available.
Does this article let me prove who the deceased's heirs are by affidavit?
It lets you prove the underlying relationship facts, such as a marriage or parentage, by certificate or affidavit; heirship itself still depends on Louisiana's succession law applied to those facts.
Is affidavit evidence always enough under Article 2821?
Not if the fact is disputed. Article 2824 bars affidavit evidence of any fact that is at issue in a contradictory proceeding, reserving that proof for ordinary evidence introduced at trial.
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: proving domicile by affidavit Louisiana successionArticle 2821 Louisianaevidence of heirship Louisianadeath certificate succession proceedingaffidavit evidence succession jurisdiction