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.
Art. 2825.Costs
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 2. Evidence of Jurisdiction and Heirship · Last amended 1999 · Last verified July 30, 2026
In one sentenceArticle 2825 assigns court costs in a succession proceeding to the estate as an administration expense when the proceeding is ex parte, but shifts contradictory-proceeding costs to the losing party unless the court directs a different allocation.
Full Text of Art. 2825
Amendment History
Amended by Acts 1997, No. 1421, §3, eff. 7/1/1999.
Plain-English Summary
Someone has to pay for the court costs a succession generates, filing fees, service costs, and the like. Article 2825 splits the answer depending on whether the proceeding was contested.
In an ex parte proceeding, where no one objects, the costs are treated as an administration expense, paid out of the succession itself rather than charged against any individual party. That fits the nature of an uncontested proceeding: everyone involved is working toward the same end of settling the estate, so the estate bears the expense of getting there.
A contradictory proceeding works differently, because it has a winner and a loser. Article 2825 puts the costs on the party cast, the one who lost the contested issue, unless the court, in its discretion, directs a different split. That gives a court room to account for circumstances where a different allocation, rather than one that tracks who won, better fits the case.
Frequently Asked Questions
Who pays court costs in an uncontested Louisiana succession?
The succession itself. Article 2825 treats costs in an ex parte proceeding as an administration expense paid out of the estate.
Who pays costs when a succession issue is contested?
The party cast, meaning the party who lost the contradictory proceeding, unless the court directs a different allocation.
Can a court order someone other than the losing party to pay costs in a contradictory proceeding?
Yes. Article 2825 lets the court direct otherwise, giving it discretion to depart from the default rule that the party cast pays.
Does an objection to a proceeding automatically change how costs are paid?
Yes, in effect. Once a proceeding becomes contradictory rather than ex parte, Article 2825 shifts the cost rule from an administration expense borne by the estate to one borne by the losing party.
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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