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Art. 2902.Opposition to Petition For Probate

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 2902 requires an opposition to a petition for probate to comply with Article 2972's pleading and service rules, allege the specific grounds on which the opponent believes the testament is invalid, and be served on the petitioner seeking probate.

Full Text of Art. 2902

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The opposition to the petition for the probate of a testament shall comply with Article 2972, shall allege the grounds of invalidity of the testament relied on by the opponent, and shall be served upon the petitioner for the probate of the testament.

Plain-English Summary

An opposition is the formal pleading that turns probate from an unopposed process into a contradictory one. Article 2902 sets the requirements for that pleading, pulling together the mechanics of filing it and the substance it has to contain.

On mechanics, the opposition has to comply with Article 2972, the general rule in Book VI governing how pleadings and service of process work in succession proceedings. On substance, it cannot rest on a bare, unexplained objection; it has to allege the grounds of invalidity the opponent relies on, a claim that the testament was not properly executed, that the testator lacked capacity, or another specific defect, rather than a general statement of disagreement.

Finally, the opposition has to be served on the petitioner who is seeking the testament's probate, giving that petitioner notice of exactly what is being contested and an opportunity to prepare for the contradictory trial Article 2901 then requires.

Frequently Asked Questions

What does an opposition to a Louisiana probate petition need to include?

It has to comply with Article 2972's pleading and service rules and allege the specific grounds of invalidity the opponent relies on.

Can I object to a testament without stating a specific reason?

No. Article 2902 requires the opposition to allege the grounds of invalidity relied on, not a general or unexplained objection.

Who has to be served with the opposition?

The petitioner seeking the testament's probate, so that petitioner has notice of the challenge before the contradictory trial.

What rule governs the pleading and service mechanics of the opposition itself?

Article 2972, Book VI's general rule for pleading and service of process in succession proceedings.

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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