Petition to Probate Testament and for Confirmation of Executor / Letters Testamentary - Louisiana

PETITION TO PROBATE TESTAMENT AND FOR CONFIRMATION OF EXECUTOR / LETTERS TESTAMENTARY

[JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT, PARISH OF [PARISH], STATE OF LOUISIANA

TABLE OF CONTENTS

1. Caption and Succession Information
2. Petitioner Information
3. Decedent (Testator) Information
4. Jurisdiction and Venue
5. The Testament Offered for Probate
6. Legatees and Heirs Entitled to the Succession
7. Confirmation and Priority of the Testamentary Executor
8. Security
9. Prayer for Relief
10. Verification
11. Notice / Service
12. Attachments Checklist

1. CAPTION AND SUCCESSION INFORMATION

Succession (Probate) No.: [____________________________________] Division: [____]

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Louisiana [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner is the person named as executor (testamentary executor) in the Testament of the Decedent and is a person who has an interest in opening the succession (La. C.C.P. arts. 2851, 3081).

3. DECEDENT (TESTATOR) INFORMATION

4. JURISDICTION AND VENUE

a. The Decedent died on [__/__/____].

b. ☐ The Decedent was domiciled in [PARISH] Parish, Louisiana, at the time of death; this succession is therefore properly opened in this District Court (La. C.C.P. art. 2811).

c. ☐ The Decedent was not domiciled in Louisiana; this succession may be opened in this parish because the Decedent owned ☐ immovable property / ☐ movable property (and no immovable property in the state) situated here (La. C.C.P. art. 2811).

d. The Decedent died testate, leaving a Testament dated [__/__/____].

e. Petitioner submits with this Petition evidence of the death of the Decedent and of all other facts necessary to establish the jurisdiction of the Court (La. C.C.P. art. 2852(A)).

5. THE TESTAMENT OFFERED FOR PROBATE

a. The Decedent left a Testament in one of the forms recognized by La. C.C. arts. 1574–1576:

☐ Notarial testament (La. C.C. art. 1576), prepared in writing, dated, executed before a notary in the presence of two competent witnesses, and signed by the testator, each witness, and the notary. A notarial testament that also complies with La. C.C.P. art. 2887(A) does not need to be proved; otherwise proof proceeds under art. 2887(B). Upon proper production, the Court's order filing and executing the testament has the effect of probate under La. C.C.P. art. 2891.

☐ Olographic testament (La. C.C. art. 1575), entirely written, dated, and signed in the handwriting of the testator. The olographic testament must be proved by the testimony (or post-death affidavits) of two credible witnesses that it was entirely written, dated, and signed in the testator's handwriting, and the Court must satisfy itself that the handwriting and signature are those of the testator (La. C.C.P. art. 2883).

b. The original Testament dated [__/__/____] is presented to and lodged with the Court for probate and execution (La. C.C.P. arts. 2851, 2852(B)).

c. Witnesses to handwriting (olographic only):

d. Notary and instrumental witnesses (notarial only): Notary: [NAME]; Witnesses: [NAME], [NAME].

e. To the best of Petitioner's knowledge and belief, the Testament has not been revoked and is the last Testament of the Decedent.

6. LEGATEES AND HEIRS ENTITLED TO THE SUCCESSION

Legatees named in the Testament:

Heirs / Forced Heirs and Surviving Spouse in Community (persons who would inherit by intestacy, La. C.C. arts. 880 et seq., and any forced heirs under La. C.C. art. 1493):

☐ The Decedent left a surviving spouse in community: [NAME].
☐ The Decedent left forced heir(s): [NAME(S)] (note rights to compel security under La. C.C.P. art. 3154).

7. CONFIRMATION AND PRIORITY OF THE TESTAMENTARY EXECUTOR

a. The Testament names [EXECUTOR FULL LEGAL NAME], whose address is [________________________________], as executor (testamentary executor).

b. After the probate of the Testament (or its production into court if it is a notarial testament under art. 2891), the person named as executor may petition the Court for confirmation and for the issuance of letters testamentary; Petitioner so prays in this combined petition (La. C.C.P. art. 3081).

c. Petitioner is not disqualified on any of the grounds assigned in La. C.C.P. art. 3097. Unless so disqualified, the Court shall render an order confirming Petitioner as testamentary executor and directing the issuance of letters testamentary after Petitioner has taken the oath of office and furnished security, if required (La. C.C.P. art. 3082).

d. ☐ Petitioner requests appointment with independent administration (La. C.C.P. art. 3396 et seq.), the Testament ☐ expressly authorizing / ☐ not authorizing independent administration.

8. SECURITY

a. ☐ The Testament relieves the executor from furnishing security; Petitioner requests confirmation without security, subject to the right of forced heirs and the surviving spouse in community to compel security under La. C.C.P. art. 3154.

b. ☐ The Testament does not dispense with security. Petitioner will furnish security in an amount fixed by the Court for the faithful performance of the executor's duties (La. C.C.P. arts. 3151, 3082).

c. Estimated value of succession property (basis for security, if required): $[________________]

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that:

a. This Petition be filed and that the succession of the Decedent be opened in this Court;

b. The Testament dated [__/__/____] be admitted to probate (or, if a notarial testament, be ordered filed and executed with the effect of probate under La. C.C.P. art. 2891), and proof of the olographic testament be received under La. C.C.P. art. 2883 if applicable;

c. Petitioner be confirmed as testamentary executor of the succession (La. C.C.P. art. 3082);

d. Letters testamentary be issued to Petitioner upon the taking of the oath of office and the furnishing of security, if required (La. C.C.P. arts. 3081, 3082);

e. Security be fixed in an appropriate amount, or dispensed with as directed by the Testament;

f. There be such other and further relief as the nature of the case may require and as equity may permit.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Louisiana that I am the Petitioner herein, that I have read the foregoing Petition, and that all of the allegations of fact contained therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Louisiana.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Sworn to and subscribed before me on [__/__/____].

Notary Public / Clerk: ______________________________________ Notary/Bar ID: [________________]

11. NOTICE / SERVICE

☐ This succession is opened on the pleadings; no contradictory hearing is required for a complying notarial testament (La. C.C.P. art. 2891).

☐ Notice / citation given to legatees, forced heirs, and the surviving spouse in community as required by law and local rule.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Louisiana Bar Roll No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

ATTACHMENTS CHECKLIST:

☐ Original Testament (notarial or olographic) lodged with the Court (La. C.C.P. art. 2852(B))
☐ Evidence of death of the Decedent and jurisdictional facts (La. C.C.P. art. 2852(A))
☐ Affidavits of two credible witnesses to handwriting/signature (olographic testament, La. C.C.P. art. 2883)
☐ Sworn Descriptive List of succession property (in lieu of inventory)
☐ Oath of office of the executor (La. C.C.P. art. 3082)
☐ Security / bond, or showing that the Testament dispenses with security (La. C.C.P. arts. 3082, 3151, 3154)
☐ Proposed Order Probating Testament (or ordering it filed and executed)
☐ Proposed Order Confirming Executor and Directing Issuance of Letters Testamentary
☐ Proposed Letters Testamentary
☐ Filing fee payment

SOURCES AND REFERENCES

• La. Code of Civil Procedure, Book VI (Probate Procedure): https://legis.la.gov/legis/Laws_Toc.aspx?folder=68&level=Parent
• La. C.C.P. art. 2811 (Court in which succession opened)
• La. C.C.P. art. 2851 (Petition for probate)
• La. C.C.P. art. 2852 (Documents submitted with petition for probate)
• La. C.C.P. art. 2883 (Olographic testament — proof)
• La. C.C.P. art. 2891 (Notarial testament executed without proof)
• La. C.C.P. art. 3081 (Petition for confirmation; letters testamentary)
• La. C.C.P. art. 3082 (Order of confirmation; letters)
• La. C.C. arts. 1574–1576 (Current forms of testaments)
• La. C.C.P. art. 2887 (Proof of notarial testament)