A. Except as provided in Article 2886, the nuncupative testament by private act must be proved by the testimony of at least three of the competent witnesses present when it was made. These witnesses must testify, in substance:
Art. 2884.Nuncupative Testament By Private Act
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 2884 requires a nuncupative testament by private act to be proved, except as Article 2886 allows otherwise, by the testimony of at least three of the competent witnesses who were present when it was made, confirming both the document and the signatures on it.
Full Text of Art. 2884
(1) That they recognize the testament presented to them as being the same that was written in their presence by the testator, or by another person at his direction, or which the testator had written or caused to be written out of their presence and which he declared to them contained his testament; and
(2) That they recognize their signatures and that of the testator, if they signed it, or the signature of him who signed for them, respectively, if they did not know how to sign their names.
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, 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.
Amendment History
Acts 1987, No. 270, §1; Acts 1999, No. 85, §1.
Plain-English Summary
A nuncupative testament by private act is a testament made without a notary, written out by the testator, or by someone else at the testator's direction, and declared to the witnesses present to be the testator's testament, whether they watched it get written or the testator later told them what it contained.
Because no notary supervises its execution, Article 2884 leans on the witnesses who were there to establish that the document is genuine. At least three of the competent witnesses present when the testament was made have to testify, and their testimony has to cover two specific points: that they recognize the document now presented to them as the same one made in their presence, or acknowledged to them by the testator, and that they recognize their own signatures and the testator's, or the signature of anyone who signed on behalf of a witness who could not sign.
Paragraph B allows that testimony to be given by affidavit executed after the testator's death, in place of live testimony, unless the court requires the witness to appear, and this affidavit option does not extend to testimony about the testament's genuineness when it is under judicial attack, the same limits Article 2883 places on olographic testament proof.
Frequently Asked Questions
What is a nuncupative testament by private act?
A testament made without a notary, written by the testator or by someone else at the testator's direction, and declared to witnesses to be the testator's testament.
How many witnesses does it take to prove a nuncupative testament by private act?
At least three of the competent witnesses present when the testament was made, unless Article 2886's exception for unavailable witnesses applies.
What must the witnesses testify to?
That they recognize the document as the one made or acknowledged in their presence, and that they recognize their own signatures and the testator's, or the signature of whoever signed for a witness who could not.
Can a witness submit an affidavit instead of testifying in person?
Yes, generally, if executed after the testator's death, unless the court requires oral testimony or the testament's genuineness is being judicially attacked.
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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