Except as otherwise provided by law, the rules of pleading and service of process applicable in ordinary proceedings shall apply to succession proceedings. A certified copy of the petition, opposition, contradictory motion, or rule initiating a contradictory succession proceeding shall be served on the adverse party; but citation is necessary only in those cases in which it is specifically required by law. An opposition may be served upon the adverse party as provided in Article 1313.
Art. 2971.Pleading and Service of Process
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 6. General Rules of Procedure · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2971 applies the ordinary-proceeding rules of pleading and service to succession proceedings unless the Code provides otherwise, requires a certified copy of any pleading opening a contradictory step to be served on the adverse party, limits citation to cases where the law specifically demands it, and lets an opposition be served under Article 1313.
Full Text of Art. 2971
Plain-English Summary
Chapter 6 opens Book VI's general procedural rules with a default: unless the Code specifically says otherwise, succession proceedings borrow their pleading and service rules from ordinary proceedings under Book II. A petition for possession, an opposition, or any other filing in a succession follows the same drafting standards that govern an ordinary civil lawsuit.
Succession proceedings still have their own service requirement layered on top of that default. Whenever a petition, opposition, contradictory motion, or rule opens a contradictory step in a succession, meaning it puts an issue into dispute between adverse parties, a certified copy of that filing has to be served on the adverse party. Formal citation, the more elaborate process used to bring a defendant into an ordinary lawsuit, is required only where some other law specifically calls for it, which reflects how much succession business proceeds on petition and rule rather than through a traditional adversarial complaint.
An opposition gets its own service shortcut: it can be served on the adverse party the way Article 1313 allows, the method Book II uses for pleadings filed after the case has already started, rather than the more formal service required to open a lawsuit.
Frequently Asked Questions
Do the ordinary rules of civil procedure apply to Louisiana succession proceedings?
Yes, by default under Article 2971, except where the Code specifically provides a different rule for successions.
Is formal citation required to open a succession proceeding?
Only when some other law specifically requires it. Otherwise, serving a certified copy of the triggering pleading on the adverse party is enough.
What kinds of filings trigger the certified-copy service requirement?
A petition, opposition, contradictory motion, or rule that opens a contradictory step in the succession proceeding.
How is an opposition served on the other side?
As Article 1313 provides, the same method Book II uses for pleadings filed after a case has already begun.
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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