An objection to the ex parte probate of a testament may be presented in an opposition. The opposition shall comply with the provisions of Article 2902 and shall be filed.
Art. 2882.Ex Parte Probate If 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 2882 requires an objection to a testament's ex parte probate to be raised through a formal opposition that complies with Article 2902 and is filed with the court, rather than through an informal protest.
Full Text of Art. 2882
Amendment History
Amended by Acts 2025, No. 34, §1, eff. 8/1/2025. Amended by Acts 1968 No. 130, §1.
Plain-English Summary
Article 2881 makes ex parte probate the default, but it does not leave an objection undefined or informal. Article 2882 channels any objection into a specific procedural vehicle: an opposition.
That opposition has to comply with Article 2902's requirements, meaning it needs to allege the grounds on which the objecting party believes the testament is invalid, and it has to be served on the petitioner seeking probate. A phone call to the clerk, a letter to the judge, or a verbal protest at the courthouse does not count; the objection has to be filed as a proper pleading.
Once that opposition is filed, the case leaves the ex parte track. Article 2901 then requires the testament to be probated, if at all, only through a contradictory trial, a full evidentiary proceeding where the proponent and the opponent both get to present their case, rather than the streamlined process an unopposed probate would have followed.
Frequently Asked Questions
How do I formally object to a testament being probated ex parte in Louisiana?
By filing an opposition that complies with Article 2902, alleging the grounds of invalidity and serving it on the petitioner seeking probate.
Can I object informally, such as by telling the judge I disagree?
No. Article 2882 requires the objection to be presented in a filed opposition, not through an informal statement.
What happens after a valid opposition to probate is filed?
Who has to be served with the opposition?
The petitioner who is seeking the testament's probate, as Article 2902 requires.
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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