A notarial testament that complies with the provisions of Article 2887(A), a nuncupative testament by public act, and a statutory testament do not need to be proved. Upon production of the testament, the court shall order it filed and executed and this order shall have the effect of probate.
Art. 2891.Notarial Testament; Nuncupative Testament By Public Act; Statutory Testament Executed Without Probate
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 2891 excuses a qualifying notarial testament, a nuncupative testament by public act, and a statutory testament from probate proof entirely, requiring only that the court order the testament filed and executed once it is produced, an order that itself carries the effect of probate.
Full Text of Art. 2891
Amendment History
Amended by Acts 2025, No. 30, §2, eff. 8/1/2025. Acts 1997, No. 1421, §3, eff. 7/1/1999.
Plain-English Summary
Three testament forms skip the proof process this Chapter otherwise requires. A notarial testament that meets Article 2887(A)'s page-signing and declaration requirements, a nuncupative testament by public act, executed before a notary in a form the Civil Code separately governs, and a statutory testament all share the same treatment under Article 2891: they do not need to be proved.
The reason is structural. Each of these forms already involves enough built-in formality and official participation at the moment of execution, a notary, prescribed declarations, or a statutory procedure, that Louisiana treats the document's proper form as sufficient assurance of its authenticity, without asking witnesses to reconstruct the circumstances of its making after the testator has died.
Once one of these testaments is produced to the court, Article 2891 requires only that the court order it filed and executed. That order carries the effect of probate on its own, without the proces verbal or a separate probate hearing that other testament forms need.
Frequently Asked Questions
Which testaments in Louisiana don't need to be proved at all?
A notarial testament meeting Article 2887(A)'s requirements, a nuncupative testament by public act, and a statutory testament all skip the proof process under Article 2891.
What does the court do with one of these testaments once it's produced?
It orders the testament filed and executed, and that order itself has the effect of probate.
Why don't these testament forms need to be proved like an olographic or mystic testament?
Because they already involve notarial or statutory formalities at the time of execution that Louisiana treats as sufficient assurance of authenticity, unlike forms made without a notary or witnesses present.
Does this mean these testaments can never be challenged?
No. Skipping the probate proof process is not the same as immunity from challenge; an interested party can still contest the testament's validity through an action to annul it.
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
Also known as: statutory testament no probate neededArticle 2891 Louisiananuncupative testament by public act Louisiananotarial testament filed without prooftestaments exempt from probate proof