If an objection is made to the ex parte probate of a testament, as provided in Article 2882, the testament may be probated only at a contradictory trial of the matter.
Art. 2901.Contradictory Trial Required; Time to File Opposition
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 2901 requires a testament to be probated only through a contradictory trial once an objection to its ex parte probate has been made under Article 2882, removing the streamlined ex parte path entirely for that testament.
Full Text of Art. 2901
Amendment History
Amended by Acts 2025, No. 34, §1, eff. 8/1/2025.
Plain-English Summary
Articles 2881 and 2882 set up a fork in the road: ex parte probate by default, or a contradictory proceeding once someone objects. Article 2901 is where that fork resolves into a firm rule for the objected-to testament.
Once an objection has been made in the form Article 2882 requires, a filed opposition alleging the grounds of invalidity, the testament can be probated only at a contradictory trial. There is no partial or streamlined alternative left once a proper objection is on file; the ex parte path closes entirely for that testament, and the matter proceeds as a full adversarial trial with both sides heard.
The title of the article also flags a second function: setting the time within which an opposition has to be filed, working alongside Article 2902's requirements for what that opposition must contain and Article 2903's assignment of the burden of proof once trial arrives.
Frequently Asked Questions
What happens once someone objects to a testament's ex parte probate?
Article 2901 requires the testament to be probated, if at all, only through a contradictory trial, replacing the ex parte process entirely.
Can a testament still be probated ex parte after a valid objection is filed?
No. Once an objection is made under Article 2882, Article 2901 removes the ex parte option for that testament.
What is a contradictory trial in this context?
A full adversarial proceeding where the proponent seeking probate and the opponent contesting it both present evidence and argument, rather than the streamlined ex parte process.
What governs how the opposition itself must be filed and framed?
Article 2902, which requires the opposition to allege the grounds of invalidity relied on and to be served on the petitioner seeking probate.
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: contradictory trial probate LouisianaArticle 2901 Louisianaopposed probate testament Louisianaobjection to probate leads to trialcontested will probate Louisiana procedure