A. The petitioner shall submit with his petition evidence of the death of the decedent, and of all other facts necessary to establish the jurisdiction of the court. B. If the testament is one other than a statutory testament, a notarial testament, or a nuncupative testament by public act, and is in the possession of the petitioner, he shall present it to the court, and pray that it be probated and executed.
Art. 2852.Documents Submitted With Petition For Probate
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 3. Probate and Registry of Testaments · Enacted 1997 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 2852 requires a probate petitioner to submit evidence of the decedent's death and of the facts establishing jurisdiction, and, if the testament is a type other than statutory, notarial, or nuncupative by public act and is in the petitioner's possession, to present it to the court for probate and execution.
Full Text of Art. 2852
Amendment History
Acts 1997, No. 1421, §3, eff. 7/1/1999.
Plain-English Summary
Article 2852 fills in two of the things a probate petition needs. The first applies to every petition: evidence of the decedent's death and of whatever facts establish the court's jurisdiction, the same jurisdictional and factual proof Articles 2811 and 2821 already describe.
The second requirement is conditional, and it turns on the kind of testament involved. Some testament forms, a statutory testament, a notarial testament, and a nuncupative testament by public act, do not need to be physically presented to the court at the petition stage because, as Article 2891 later explains, they do not need to be proved through the ordinary probate process. Every other form of testament works differently: if the petitioner already has physical possession of it, the petition has to present the document itself to the court and ask that it be probated and executed.
Together, these two rules make sure the petition arrives with what the court needs: proof it has authority to act, and, where relevant, the testament itself, rather than leaving either to be tracked down later.
Frequently Asked Questions
What has to accompany a petition for probate in Louisiana?
Evidence of the decedent's death and of the facts establishing the court's jurisdiction, and, for most testament types already in the petitioner's possession, the testament itself.
Do I have to attach the testament to my petition for probate?
Only if it is a type other than a statutory testament, a notarial testament, or a nuncupative testament by public act, and it is already in your possession.
Why are statutory, notarial, and nuncupative-by-public-act testaments treated differently?
Under Article 2891, those forms do not need to be proved through the ordinary probate process, so Article 2852 does not require them to be presented with the petition the same way other testaments are.
What if I don't yet have possession of the testament when I file my petition?
Article 2852's document-presentation requirement applies only when the testament is already in the petitioner's possession; Article 2854 covers the process for locating a testament that has not yet been found.
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: documents required for Louisiana probate petitionArticle 2852 Louisianaevidence of death probate petitionpresenting testament to court Louisianawhat to file with a petition for probate