Book VI. Probate Procedure · Title I. General Dispositions · Chapter 3. Probate and Registry of Testaments · Last amended 1999 · Last verified July 30, 2026
In one sentenceArticle 2883 requires an olographic testament, one entirely handwritten, dated, and signed by the testator without witnesses to its execution, to be proved after death by two credible witnesses' testimony, given live, by affidavit, or by deposition, that the handwriting and signature belong to the testator.
Full Text of Art. 2883
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A. The olographic testament must be proved by the testimony of two credible witnesses that the testament was entirely written, dated, and signed in the testator's handwriting. The court must satisfy itself, through interrogation or from the written affidavits or the depositions of the witnesses, that the handwriting and signature are those of the testator, and except as provided in Article 2890, must mention these facts in its proces verbal.
B. A person's testimony for the purpose of this Article may be given in the form of an affidavit executed after the death of the testator stating that the olographic will was entirely written, dated, and signed in the testator's handwriting, unless the court in its discretion requires the person to appear and testify orally. All affidavits accepted by the court in lieu of oral testimony shall be filed in the probate proceedings. This Paragraph does not apply to testimony with respect to the genuineness of a will that is judicially attacked.
An olographic testament is Louisiana's most informal valid testament: a document entirely written, dated, and signed in the testator's own hand, with no notary and no witnesses required at the moment it is made. That informality is what makes probate different for this form; nobody watched the testator sign it, so the court needs a way to confirm afterward that the handwriting belongs to the testator.
Article 2883 supplies that proof. Two credible witnesses have to testify that the testament was entirely written, dated, and signed in the testator's handwriting. The court has to satisfy itself of that fact, whether through interrogating the witnesses directly, through their written affidavits, or through depositions, and, apart from the situation Article 2890 addresses, has to record that finding in the proces verbal, the official written record of what happened at the probate hearing.
Paragraph B relaxes how that testimony can be delivered. A witness can testify by affidavit executed after the testator's death rather than appearing in court, unless the court, in its discretion, wants to hear from the witness directly. But that shortcut has a limit: it does not apply to testimony about the testament's genuineness if the testament is being judicially attacked, where the added scrutiny of live testimony carries more weight.
Frequently Asked Questions
What is an olographic testament under Louisiana law?
A testament entirely handwritten, dated, and signed by the testator, requiring no notary or witnesses at the time it is made.
How is an olographic testament proved in probate if no one witnessed its signing?
Article 2883 requires the testimony of two credible witnesses confirming that the handwriting, date, and signature belong to the testator, given through interrogation, affidavit, or deposition.
Can witness testimony for an olographic testament be given by affidavit instead of appearing in court?
Yes, generally, executed after the testator's death, unless the court requires the witness to testify orally, or unless the testament's genuineness is being judicially attacked.
What is a proces verbal, and why does it matter for an olographic testament?
It is the official written record of the probate hearing. Except as Article 2890 provides, the court must note in it the facts establishing that the handwriting and signature are the testator's.
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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