Art. 2890.Proces Verbal of Probate

A proces verbal is the official written record of what happened at a proceeding, here, the probate hearing itself. Article 2890 spells out what that record has to contain and who has to sign it once a testament goes through probate.

Paragraph A requires the proces verbal to be signed by the judge or the clerk, and by any witnesses who testified in person at the hearing. It has to recite or include how the testament was opened and how its authenticity and validity were proved; the names of every witness who testified, whether in person, by affidavit, or by deposition, along with the substance of the in-person testimony and confirmation that any affidavits or depositions are attached or incorporated by reference; and, finally, either an order that the testament be recorded, filed, and executed, or an order refusing probate along with the substance of the court's reasons.

Paragraph B carves out an exception for the streamlined route: when written affidavits alone are used to prove a testament under Articles 2883 through 2888, the proces verbal is dispensed with entirely. The court instead issues a written order granting or refusing probate, with reasons given for a refusal, without the fuller narrative record a live hearing would produce.