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. 2822.Requirements of Affidavit Evidence
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 2822 requires the affidavits allowed under Article 2821 to be signed by two people with actual knowledge of the facts sworn to, and requires those affidavits to be filed in the succession proceeding's record.
Full Text of Art. 2822
Plain-English Summary
Article 2821 opens the door to proving jurisdiction, death, marriage, and heirship facts by affidavit rather than live testimony. Article 2822 sets the ground rules for what makes an affidavit good enough to walk through that door.
Two things are required. First, the affidavit needs two affiants, a single sworn statement from one person is not enough, and each of them has to have actual knowledge of the facts they are swearing to, not secondhand information or a guess. Second, the affidavits have to be filed in the record of the succession proceeding itself, so the facts they establish are part of the case file the court and any interested party can review.
These requirements keep the shortcut Article 2821 offers from becoming a loophole. A pair of knowledgeable witnesses swearing to a fact under oath is a reasonable substitute for live testimony on an undisputed point, but a single unverified statement, or one made by someone with no personal knowledge, is not.
Frequently Asked Questions
How many people have to sign an affidavit used to prove jurisdiction in a Louisiana succession?
Two. Article 2822 requires the affidavits described in Article 2821 to be executed by two persons who have knowledge of the facts sworn to.
Can someone with only secondhand information sign the affidavit?
No. Article 2822 requires the affiants to have knowledge of the facts sworn to, not information passed along from someone else.
Where does the affidavit need to be filed?
In the record of the succession proceeding. Article 2822 requires the affidavits to be filed there so they become part of the case file.
What happens if only one person signs the affidavit?
It does not satisfy Article 2822, which requires two affiants with knowledge of the facts; a single-signer affidavit does not meet the article's requirement.
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
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