If the deceased is believed to have died testate, any person who considers that he has an interest in opening the succession may petition a court of competent jurisdiction for the probate and execution of the testament.
Art. 2851.Petition For Probate
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 3. Probate and Registry of Testaments · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2851 lets any person who believes they have an interest in a succession petition a court of competent jurisdiction to probate and execute the testament of a person believed to have died testate.
Full Text of Art. 2851
Plain-English Summary
A person dies testate when they leave a valid testament, Louisiana's term for what other states call a will, behind. Before that testament can control how the estate passes, a court has to probate it: examine and formally confirm that the document is genuine and was properly executed under the law.
Article 2851 opens the door to that process. Whenever the deceased is believed to have died testate, any person who considers themselves to have an interest in opening the succession, an heir, a named legatee, a creditor, or anyone else with a stake in the outcome, can petition the court for the testament's probate and execution.
The petitioner does not have to be certain that a testament exists or produce it outright at this stage; the belief that the deceased died testate is enough to start the process. Later articles fill in what the petition must include, what happens if the testament cannot be located, and how the court proves it up.
Frequently Asked Questions
Who can file a petition to probate a testament in Louisiana?
Any person who considers that they have an interest in opening the succession, when the deceased is believed to have died testate.
What does it mean for a testament to be probated?
It means the court examines and formally confirms that the document is a genuine testament that was properly executed, so it can be recorded and used to administer the estate.
Do I need to already have the testament in hand to file a petition for probate?
No. Article 2851 lets a petition be filed based on the belief that the deceased died testate; Article 2854 covers what happens when the testament first needs to be located.
What court handles a petition for probate?
A court of competent jurisdiction, meaning the district court that has jurisdiction over the succession under Article 2811.
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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