When a testament has been probated in accordance with law, the record of the substance of the testimony of any witness at the hearing, and the deposition of any witness taken under Article 2889, shall be admissible in evidence in any subsequent action in which it is sought to annul the testament, if at the time of trial thereof the witness has died, or for any other reason his testimony cannot be taken again either by subpoenaing him to appear at the trial, or by deposition.
Art. 2892.Use of Probate Testimony In Subsequent Action
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 3. Probate and Registry of Testaments · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2892 makes the recorded probate testimony of a witness, and any deposition taken under Article 2889, admissible in a later action to annul the testament if the witness has since died or otherwise cannot be made to testify again at trial.
Full Text of Art. 2892
Plain-English Summary
Probate is not always the last word on a testament. Article 2931, in the following chapter, lets an interested party bring a separate action to annul a testament that has already been probated. By the time that later action reaches trial, though, a witness who testified at the original probate hearing may no longer be available.
Article 2892 bridges that gap. If a testament was probated in accordance with law, the record of the substance of a witness's testimony at the probate hearing, and any deposition taken under Article 2889, can be admitted as evidence in the later annulment action, so long as the witness has died by the time of trial, or cannot be made to testify again for some other reason, whether through a new subpoena or a fresh deposition.
This keeps testimony that was properly taken once from being lost because time has passed and the witness is no longer reachable.
Frequently Asked Questions
Can testimony from a probate hearing be used later in a lawsuit to annul the testament?
Yes, if the testament was probated in accordance with law and the witness has since died or cannot be made to testify again, Article 2892 allows the recorded testimony to be admitted.
Does this rule cover depositions as well as in-person testimony?
Yes. It covers both the record of a witness's testimony at the probate hearing and any deposition taken under Article 2889.
What if the witness is still alive and available at the time of the annulment trial?
Article 2892 applies only when the witness has died or their testimony otherwise cannot be obtained again; an available witness would ordinarily need to testify anew.
What kind of later action does Article 2892 anticipate?
An action seeking to annul the probated testament, the subject of Article 2931 in the following chapter.
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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