Art. 2881.Ex Parte Probate If No Objection

Book VI. Probate Procedure · Title I. General Dispositions · Chapter 3. Probate and Registry of Testaments · Last amended 2025 · Last verified July 30, 2026

In one sentenceArticle 2881 makes ex parte probate the default path for a Louisiana testament, directing the court to probate it without opposition or a contested hearing unless an interested party files an objection.

Full Text of Art. 2881

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The court shall proceed to probate the testament ex parte, unless an objection is made.

Amendment History

Amended by Acts 2025, No. 34, §1, eff. 8/1/2025.

Plain-English Summary

Most Louisiana testaments reach probate without a fight. Article 2881 makes ex parte probate, an unopposed proceeding, decided without a contested hearing, the default track once a testament is presented and the proof requirements the following articles describe are satisfied.

The court proceeds this way automatically. Nobody has to ask for ex parte treatment; it is what happens unless someone steps in to stop it. That reflects the reality that most testaments, once properly proved through witness testimony, affidavits, or a self-proving declaration, do not raise a dispute worth a contradictory trial.

The one thing that changes the picture is an objection. Article 2882 describes how that objection gets raised, and once it is, Article 2901 requires the matter to move to a contradictory trial instead of ex parte probate. Article 2881 is, in effect, the article stating the default, with the exception carved out in the articles that follow.

Frequently Asked Questions

Does every Louisiana testament get probated through a contested hearing?

No. Article 2881 makes ex parte probate, an unopposed proceeding without a contested hearing, the default, unless someone objects.

Do I have to request ex parte probate?

No. The court proceeds ex parte automatically once the testament is presented and proved, unless an objection is raised.

What happens if someone objects to the ex parte probate of a testament?

The objection has to be presented as an opposition under Article 2882, and, once made, the testament can be probated only at a contradictory trial under Article 2901.

Is ex parte probate less rigorous than a contested probate?

No. It still requires the testament to satisfy the proof requirements that apply to its form; ex parte only means no one has come forward to contest the process.

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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