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 witnesses, and signed by the testator, each witness, and the notary, subject to art. 1576(A)'s signing alternatives when the testator cannot sign. 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). For a testament meeting art. 2887(A), the Court's order filing and executing it upon production has the effect of probate under 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 the Court. An olographic testament in Petitioner's possession is presented for probate and execution under La. C.C.P. art. 2852(B). A qualifying notarial testament is produced for an order filing and executing it under art. 2891.

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. Petitioner, as the person named executor, requests confirmation and letters testamentary in this combined petition after the Court handles the testament under art. 2883 or art. 2891, as applicable (La. C.C.P. arts. 3081–3082).

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 independent administration because ☐ the Testament authorizes it (La. C.C.P. art. 3396.2), or ☐ all general or universal legatees have agreed to it and collectively designated the named executor (art. 3396.3). Identify the Testament provision or attach the legatees' agreement: [DETAILS / ATTACHMENT].

8. SECURITY

a. ☐ Petitioner is the executor named by the testator. A named executor is not required to furnish security unless the Testament requires it or security is compelled under La. C.C.P. arts. 3154–3155 (art. 3153). Testament's security term: [NONE / DESCRIBE].

b. ☐ Security is required by the Testament or has been ordered on the verified petition of a forced heir, surviving spouse in community, or qualifying creditor or property claimant (La. C.C.P. arts. 3153–3155). Identify the requirement or order: [DETAILS]. Petitioner will furnish the security required before letters issue (art. 3082).

c. Amount of security required, if any: $[________________] Basis: [TESTAMENT / COURT ORDER / NOT APPLICABLE]

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. Any security required by the Testament or a court order under arts. 3154–3155 be addressed before letters issue;

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

10. VERIFICATION

Before me, the undersigned notary, personally appeared [PETITIONER FULL LEGAL NAME], who, being duly sworn, stated that the signer is the Petitioner, has read the foregoing Petition, and that its factual allegations are true and correct to the best of the signer's knowledge, information, and belief.

Petitioner Signature: ______________________________________

Sworn to and subscribed before me on [__/__/____] in [PARISH], Louisiana.

Notary public: ______________________________________ Notary ID: [____________]

Printed Name: [NOTARY NAME]

11. NOTICE / SERVICE

☐ The notarial testament meets art. 2887(A); request an order filing and executing it with the effect of probate, without separate proof (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 presented to the Court (La. C.C.P. art. 2852(B) for an olographic testament in Petitioner's possession; art. 2891 for a qualifying notarial testament)
☐ 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, if used in lieu of an inventory (La. C.C.P. art. 3136)
☐ Oath of office of the executor (La. C.C.P. art. 3082)
☐ Security / bond if required by the Testament or court order (La. C.C.P. arts. 3082, 3153–3155)
☐ Proposed Order Probating Testament (or ordering it filed and executed)
☐ Proposed Order Confirming Executor and Directing Issuance of Letters Testamentary
☐ Proposed Letters Testamentary
☐ Testament provision or agreement of all general or universal legatees supporting any request for independent administration (La. C.C.P. arts. 3396.2–3396.3)
☐ 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)