When a testament that is required to be probated has been produced, the court shall order it presented for probate on a date and hour assigned. If all necessary witnesses are present in court at the time the testament is produced, the court may order it presented for probate forthwith.
Art. 2856.Probate Hearing; Probate Forthwith If Witness Present
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 2856 requires the court to set a date and hour for the probate hearing once a testament that must be probated has been produced, but allows the court to order the testament probated immediately if all the necessary witnesses are already present when it is produced.
Full Text of Art. 2856
Amendment History
Acts 1997, No. 1421, §3, eff. 7/1/1999.
Plain-English Summary
Once a testament that requires probate has been produced, whether the petitioner had it all along or a notary's search under Article 2854 turned it up, Article 2856 sets the next procedural step in motion.
The ordinary path is to schedule a hearing. The court assigns a date and hour for the testament to be presented for probate, giving the petitioner time to line up the necessary witnesses under Article 2857.
Article 2856 also allows for a shortcut. If all the witnesses the probate requires happen to already be in court at the moment the testament is produced, the court can skip scheduling a separate hearing and order the testament probated forthwith, right then. That flexibility avoids forcing a needless delay when the case for probate is ready to be made on the spot.
Frequently Asked Questions
What happens once a testament that needs probate has been produced in court?
The court orders it presented for probate on a date and hour it assigns, unless all necessary witnesses are already present, in which case probate can proceed immediately.
Can a testament be probated the same day it's produced?
Yes, under Article 2856, if all the necessary witnesses are present in court at the time the testament is produced, the court may order it probated forthwith.
Who decides whether to hold an immediate hearing or schedule a later date?
The court. Article 2856 gives the court discretion to order immediate probate when the witnesses are on hand, or to assign a future date and hour otherwise.
Does a scheduled probate hearing date give the petitioner time to arrange witnesses?
Yes. Assigning a date and hour under Article 2856 gives the petitioner an opportunity to produce and, if needed, subpoena the witnesses required under Article 2857.
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: probate hearing date LouisianaArticle 2856 Louisianaprobate forthwith Louisiana testamentscheduling a will probate hearingimmediate probate when witnesses present