Art. 2903.Proponent Bears Burden of Proof

When a probate proceeding becomes contradictory under Article 2901, someone has to carry the burden of persuading the court that the testament is what it claims to be. Article 2903 assigns that burden to the proponent, the party seeking the testament's probate, rather than to the party opposing it.

The proponent's burden covers two distinct things. The first is authenticity: proving the document offered is the testament it purports to be, executed by the testator. The second is formal compliance: proving the testament satisfies every requirement the law imposes on its particular form, whether that means the witness and handwriting proof an olographic testament needs, the notarial formalities a notarial testament needs, or whatever else Articles 2883 through 2888 demand for that testament's type.

Placing this burden on the proponent makes sense given what is at stake. The proponent is the party asking the court to give legal effect to the document, so the proponent bears the responsibility of proving it earns that effect, rather than requiring the opponent to disprove it.