A Louisiana Petition for Probate of Testament is the court document that asks a district court to recognize a deceased person’s will as valid and order it carried out, and it is filed by any person with an interest in opening the succession under Louisiana Code of Civil Procedure Article 2851. Louisiana does not use the word “probate” the way most states do. Here, the larger case is called a succession, and the petition to probate the will is one piece of that case.
Most people file this petition after losing a parent, spouse, or other loved one, so the process arrives at a hard time. Getting one line wrong, naming the wrong court, or filing the wrong kind of will can stall the case for months and cost the family money it does not have. A clean, correct petition keeps the estate moving and gets heirs into possession of their property faster. Louisiana courts open tens of thousands of successions each year, and many parishes charge a filing deposit of $300 to $500 or more just to start, so there is real money on the line before you write a single word.
Here is what you will learn in this guide:
- 📝 What the Petition for Probate is, who must file it, and which statute controls it
- 🗂️ The exact documents and information to gather before you open the form
- 🖊️ A line-by-line walkthrough of every part of the petition, written in plain words
- 👨👩👧 Three full examples that follow real people through the whole filing
- ⚠️ The most common mistakes that get petitions rejected and how to dodge them
What the Petition for Probate Is and Who Must File It
The Petition for Probate of Testament is a written request that asks a Louisiana district court to accept a will as genuine and order it executed. Under CCP Article 2851, any person who considers that he has an interest in opening the succession may file it. That means an heir, a named legatee, the person named as executor, or even a creditor of the estate can be the petitioner. You do not have to be the executor to file, though the executor is the most common petitioner.
The petition lives inside a succession proceeding, which works much like a civil lawsuit and gets its own docket number. In every parish except Orleans, you file in the district court for the parish where the person lived when they died. In Orleans Parish, the Civil District Court handles successions. Venue follows the decedent’s domicile at death, so a person who lived in Lafayette gets a Lafayette Parish case even if they died in a Houston hospital.
A key Louisiana wrinkle decides how much work the petition must do. A statutory testament, notarial testament, or nuncupative testament by public act does not have to be “proven.” The court simply files it and orders it executed under CCP Article 2891. Every other kind of will, including an olographic (fully handwritten) will, must be probated, meaning proven with witnesses or affidavits before the court will honor it. Knowing which bucket your will falls into shapes the entire petition.
The receiving agency is the Clerk of Court for the parish, who files the case and keeps the original will in perpetuity under CCP Article 2911. The judge of the district court signs the order that probates the will. If you skip this step and never open a succession, title to the decedent’s house and bank accounts stays frozen, heirs cannot sell or refinance, and the estate can rack up penalties and lost value for years.
Before You Start: Documents and Information You Need
Gather everything below before you open a blank petition. Missing even one item can force you to refile or send the clerk a supplemental document, which slows the case and may cost another fee. Louisiana courts cross-check these facts to confirm they have power over the case, so accuracy here is not optional.
- The original will. CCP Article 2852 requires you to present the original testament to the court. A copy will not do unless you prove the original was lost, which adds a hard burden.
- The death certificate. Article 2852 requires evidence of the death of the decedent. Without it, the court cannot confirm the person actually died, and the clerk will reject the filing.
- Proof of domicile at death. This sets venue. A driver’s license, voter card, or utility bill shows which parish court is correct, and filing in the wrong parish wastes your deposit.
- Full legal names of all heirs and legatees. The petition must identify who inherits. Leaving someone out can void the judgment of possession and expose you to a later lawsuit.
- A list of estate assets and their values. You need this for the sworn descriptive list and to decide whether an administration is required. A wrong value can trigger the wrong filing fee.
- The decedent’s date and place of death. These facts appear in the body of the petition and must match the death certificate exactly, or the clerk flags a mismatch.
- The name and address of the proposed executor. If the will names an executor, the petition usually asks for letters testamentary under CCP Article 3081.
- Your filing fee or pauper paperwork. Parish deposits run from roughly $300 to over $500. If you cannot pay, you need a motion to proceed in forma pauperis ready to file with the petition.
A short pre-filing tip saves headaches. Order three or four certified copies of the death certificate at once, because banks, the clerk, and the court each want their own. Running out mid-case means a second trip to vital records and another wait.
Where to Get the Petition and How to Access It
There is no single statewide fill-in-the-blank “Petition for Probate” PDF, because Louisiana petitions are drafted documents, not government check-box forms. You build the petition from a template that follows the rules in CCP Articles 2851 through 2891. The best free starting point is the Loyola Pro Bono Desk Manual, which posts a “Petition to Probate and for Succession and Associated Materials” template you can adapt.
Many parish clerks also post local order forms and self-help packets. The Orleans Civil District Court forms page offers commonly used PDFs, and the Louisiana State Bar Association self-help portal lets you pick your parish to find local services and templates. Always check your own parish clerk’s website first, since formatting rules and required cover sheets vary by court.
You access the underlying law for free through the Louisiana State Legislature site, which hosts the full text of each CCP article. Read the articles that match your will type before you draft. If your will is olographic, you must also build in proof, which the statutory-will templates leave out.
Because the petition is a drafted pleading, you type it on standard letter paper with a court caption at the top, not on a pre-printed form. This trips up many first-time filers who expect a state-issued document. The freedom to draft also means you carry the burden of including every required allegation, so a good template matters.
Step-by-Step: How to Fill Out the Petition for Probate Line by Line
The petition follows a fixed order: caption, opening paragraph, numbered allegations, the prayer, and the signature block, followed by the verification and proposed order. Number every fact paragraph in sequence, just as you would in a lawsuit. Use the exact names and parish printed on official records. Below, each part gets its own walkthrough.
The Court Caption
The caption is the heading block at the very top of the petition. It tells the clerk which court, which case, and what the document is.
You write the full court name on the first lines, such as CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS or 21ST JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA, STATE OF LOUISIANA. Below that you write the case title, SUCCESSION OF [DECEDENT’S FULL NAME], then leave blank lines for the docket number and division, which the clerk assigns when you file. The title of the document, PETITION FOR PROBATE OF TESTAMENT, goes centered below the caption.
For example, Marie Thibodeaux files in St. Tammany, so her caption reads 22ND JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY, with the title SUCCESSION OF ROBERT J. THIBODEAUX. She leaves the docket line empty for the clerk.
A common edge case is a decedent who used several name spellings. List the primary legal name, then add a/k/a and the alternates, so bank and property records all match the case. If the decedent lived out of state but owned Louisiana land, name the parish where the land sits, since that parish becomes a proper venue under Louisiana rules.
The most common mistake here is naming the wrong parish court. If you file in a parish where the decedent was not domiciled and owned no property, the court can dismiss the case for improper venue, and you lose your filing deposit. People wrongly believe they can file wherever they live, but venue follows the decedent’s last domicile, not the heir’s address.
The Petitioner Identification Paragraph
This opening paragraph names you and states your right to file. It is the first numbered allegation in the body.
You write your full legal name, your status (heir, legatee, surviving spouse, named executor, or creditor), your age of majority, and your domicile parish. A clean version reads, The petitioner, Anne Marie Boudreaux, a person of the full age of majority domiciled in the Parish of Lafayette, respectfully represents that she is the daughter and sole legatee of the decedent. This satisfies the interest requirement of CCP Article 2851.
For example, Carlos Rivera is the son named as executor in his father’s will. He writes that he is the son of the decedent and the executor named in the testament, which gives him standing to file and to later seek letters testamentary.
An edge case arises when more than one heir files together. List each petitioner with full name, age, and domicile, and use petitioners throughout. If a petitioner is a minor or interdict, name the tutor or curator acting for them instead, because a minor cannot petition alone.
The frequent mistake is failing to state how you have an interest. If you just write your name without your relationship to the decedent, the court cannot confirm standing and may issue a deficiency notice that delays the case. Many filers think being a family member is enough; the statute wants you to spell out the exact interest that gives you the right to open the succession.
The Decedent and Death Allegations
This paragraph proves the person died and fixes the court’s jurisdiction. It is the heart of what CCP Article 2852 demands.
You state the decedent’s full legal name, the date of death, the place of death, and the parish of domicile at death. A model paragraph reads, Robert J. Thibodeaux died testate on 04/12/2026 in New Orleans, Orleans Parish, Louisiana, while domiciled in the Parish of St. Tammany. You then reference the certified death certificate attached as an exhibit. Write dates as MM/DD/YYYY to match the certificate.
For example, Marie Thibodeaux attaches the death certificate as Exhibit A and writes that her father died testate while domiciled in St. Tammany Parish, which locks venue into the 22nd JDC.
A common edge case is a person who died in a hospital in a different parish than where they lived. Always use the domicile parish for venue, not the parish where death happened, and say both clearly so the record is clean. For a non-resident decedent, state the parish where the Louisiana property sits and cite that as the basis for venue.
The classic mistake is a date or place that does not match the death certificate. If your petition says the person died on 04/11 but the certificate says 04/12, the clerk flags the mismatch and can refuse to file until you correct it. Filers often assume small date errors are harmless, but courts treat the certificate as the controlling record and will not overlook a conflict.
The Will Identification and Type Allegation
This paragraph describes the will and, most importantly, states what kind of will it is. The will type decides whether the court merely files it or must prove it.
You state the date the will was signed, the form of the will, and that you are presenting the original to the court. A statutory-will version reads, The decedent left a notarial testament dated 02/03/2024, the original of which is presented herewith, and which requires no proof under law. An olographic version reads, The decedent left an olographic testament dated 06/15/2019, entirely written, dated, and signed in the decedent’s own hand, which petitioner prays be probated.
For example, Anne Marie Boudreaux has her mother’s typed, witnessed, notarized will, so she calls it a notarial testament and notes it need not be proved under CCP Article 2891. David Chen, by contrast, has his uncle’s handwritten note-will, so he labels it olographic and adds proof.
The edge case that matters most is the handwritten will. For an olographic testament, you must attach affidavits of two credible witnesses who can swear the handwriting and signature are the decedent’s, because the court cannot file it without that proof. If you cannot find the original of any will, you face the presumption it was revoked, and you must prove its contents by clear evidence under the rules in the Loyola lost-testament guide.
The biggest mistake is mislabeling the will type. If you call a handwritten will a notarial one to skip the proof step, the court will catch it and reject the probate, costing you weeks. People wrongly assume any will signed before a notary is “notarial,” but a notarial testament has strict form rules, including an attestation clause and two witnesses; a will missing those parts may actually be invalid or need proof.
The Executor and Letters Testamentary Allegation
This paragraph asks the court to confirm the executor named in the will and to issue letters testamentary. Under CCP Article 3081, the named executor can include this prayer in the same petition that opens probate.
You name the executor, state that the will names that person, and say whether the will excuses bond (security). A model line reads, The decedent named Carlos Rivera as executor and dispensed with the requirement of security; petitioner prays to be confirmed as executor and that letters testamentary issue upon his taking the oath of office. The court then signs an order of confirmation under CCP Article 3082.
For example, Carlos Rivera includes this paragraph in his own petition, takes his oath the same week, and receives letters testamentary so he can deal with the bank and pay the estate’s bills.
An edge case is a will that names no executor, or names one who has died or declines. In that situation, the court appoints a dative testamentary executor under CCP Article 3083, and your petition should ask for that appointment instead. If the estate is small and debt-free, you may skip an administration and combine probate with a petition for possession in one filing.
The common mistake is forgetting to ask for letters at all, then having to file a second petition later to get them. That delay leaves the estate with no one legally able to act, so bills go unpaid and accounts stay frozen. Filers often think the will alone gives the executor power, but in Louisiana the executor has no authority until the court issues letters and the executor takes the oath.
The Prayer for Relief
The prayer is the closing request that tells the judge exactly what to order. Everything you want the court to do must appear here, because a judge will not grant relief you did not request.
You list each request in order: that the will be filed and executed (or probated, for an olographic will), that the petitioner be confirmed as executor, that letters testamentary issue, and that the proposed order be signed. A clean prayer reads, WHEREFORE, petitioner prays that the testament be filed and executed, that petitioner be confirmed as testamentary executor, that letters testamentary issue upon her oath, and for all general and equitable relief.
For example, Anne Marie Boudreaux, who needs no administration, prays instead that the will be filed and executed and that petitioner be recognized and placed in possession of the estate, combining probate and possession in one step.
An edge case is the uncontested, debt-free succession. Many parishes let you combine the prayer for probate with a prayer for possession, which sends heirs straight to a judgment of possession without an administration. If the estate has debts or fighting heirs, keep the prayer limited to probate and confirmation, and handle possession later.
The frequent mistake is leaving out a request you actually need, such as the issuance of letters. If you do not pray for it, the judge’s order will not grant it, and you must come back with another pleading. People assume the court will fill in the obvious gaps, but Louisiana judges rule only on what the prayer asks.
The Signature Block and Verification
This part makes the petition official and sworn. It includes the petitioner’s or attorney’s signature and a verification under oath.
You sign your full legal name, print your name and address below the line, and add a phone number. If an attorney files, the attorney signs with a Louisiana bar roll number. The verification is a separate sworn statement, signed before a notary, that reads, I, Anne Marie Boudreaux, declare that the facts stated in the foregoing petition are true and correct to the best of my knowledge and belief. The notary then signs and stamps it.
For example, David Chen signs the petition, then signs the verification in front of a notary at his bank, who notarizes it for a small fee.
An edge case is co-petitioners; each one signs and each one verifies separately. If you file in proper person (pro se), you sign in place of an attorney and write In Proper Person under your name, since you are representing yourself.
The common mistake is filing without a notarized verification. An unsworn petition can be rejected because the court has no sworn basis for the facts, which sends you back to a notary and costs days. Many filers think their signature alone is enough, but Louisiana succession petitions must be verified, meaning sworn before a notary, to be accepted.
The Proposed Order
The proposed order is the document the judge signs to grant your petition. You prepare it and attach it so the court can rule without drafting anything.
You title it ORDER, then write the relief the judge will grant, leaving the date and signature line blank. A statutory-will order reads, Considering the foregoing petition, IT IS ORDERED that the notarial testament of Robert J. Thibodeaux be filed and executed, that the petitioner be confirmed as executor, and that letters testamentary issue upon her oath. For an olographic will, the order says the testament be probated and executed.
For example, Marie Thibodeaux attaches a one-page proposed order so the judge can sign the same day the petition is reviewed, speeding her case.
An edge case is the combined probate-and-possession order, which also recognizes the heirs and places them in possession of specific property. That order must list each heir and the property they receive, so it doubles as the title document heirs record in the conveyance records.
The common mistake is forgetting to attach the proposed order at all. With no order to sign, the judge cannot act, and the clerk holds the file until you supply one, adding a delay. Filers often think the court writes its own orders, but in Louisiana practice the petitioner drafts the order and the judge simply signs it.
Three Filled-Out Examples Using Real Scenarios
Below are three common fact patterns, each following one named filer through the petition from caption to order. These show how the same form changes with the will type and the estate.
Scenario 1: Simple notarial will, sole heir, no administration. Anne Marie Boudreaux is the only child of her late mother, whose typed and notarized will leaves everything to her. The estate is a paid-off house and one bank account, with no debts, so Anne Marie combines probate with possession.
| Form Section | What Anne Marie Enters |
|---|---|
| Court caption | 15TH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE, SUCCESSION OF HELEN BOUDREAUX |
| Petitioner paragraph | Anne Marie Boudreaux, full age of majority, domiciled in Lafayette Parish, daughter and sole legatee |
| Death allegation | Helen Boudreaux died testate on 01/20/2026, domiciled in Lafayette Parish (Exhibit A) |
| Will type | Notarial testament dated 02/03/2024, original presented, requires no proof |
| Executor request | None; petitioner requests no administration |
| Prayer | That the testament be filed and executed and petitioner be placed in possession |
| Verification | Signed before a notary at her credit union |
| Proposed order | Combined order to file the will and place Anne Marie in possession |
Scenario 2: Notarial will naming an executor, independent administration. Carlos Rivera is named executor in his father’s notarial will. The estate has a rental property, a mortgage, and several creditors, so Carlos opens an administration and seeks letters testamentary.
| Form Section | What Carlos Enters |
|---|---|
| Court caption | 24TH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, SUCCESSION OF MIGUEL RIVERA |
| Petitioner paragraph | Carlos Rivera, full age of majority, Jefferson Parish, son and named executor |
| Death allegation | Miguel Rivera died testate on 03/05/2026, domiciled in Jefferson Parish (Exhibit A) |
| Will type | Notarial testament dated 11/10/2023, original presented, no proof required |
| Executor request | Confirm petitioner as executor; bond dispensed with by the will |
| Prayer | That the will be filed and executed and letters testamentary issue upon his oath |
| Verification | Signed and notarized at his attorney’s office |
| Proposed order | Order filing the will and confirming Carlos as executor under Article 3082 |
Scenario 3: Olographic (handwritten) will that must be proven. David Chen holds his late uncle’s handwritten will leaving David a coin collection and a small savings account. Because the will is olographic, David must prove the handwriting with two witnesses.
| Form Section | What David Enters |
|---|---|
| Court caption | 19TH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, SUCCESSION OF WEI CHEN |
| Petitioner paragraph | David Chen, full age of majority, East Baton Rouge Parish, nephew and legatee |
| Death allegation | Wei Chen died testate on 02/28/2026, domiciled in East Baton Rouge Parish (Exhibit A) |
| Will type | Olographic testament dated 06/15/2019, entirely handwritten, dated, and signed by decedent |
| Proof of will | Affidavits of two witnesses to the decedent’s handwriting attached as Exhibits B and C |
| Executor request | No executor named; petitioner asks to be appointed dative testamentary executor |
| Prayer | That the testament be probated and executed and petitioner be appointed and placed in possession |
| Proposed order | Order probating the handwritten will after reviewing the witness affidavits |
Beyond these three, picture Janet Comeaux, a surviving spouse opening her husband’s succession after a 38-year marriage, who files as both heir and usufructuary, and Marcus Hill, a creditor owed money by the estate, who files only to force the succession open so he can be paid. Each tweaks the petitioner paragraph to fit a different interest.
How to File the Completed Petition
You file the finished petition with the Clerk of Court for the correct parish, along with the original will, the certified death certificate, the proposed order, and your filing deposit. Filing channels and fees vary by parish, so confirm details with your clerk before you go.
- In person. Bring the signed, notarized petition and exhibits to the clerk’s civil filing window. This is the safest channel because the clerk reviews the package on the spot and you walk away with a stamped, docketed copy as your proof of filing.
- By mail. Many clerks accept mailed filings with a check for the deposit. Mail to the parish Clerk of Court’s civil division, include a self-addressed stamped envelope, and ask for a conformed (stamped) copy back as proof.
- Electronically. Some parishes, including Orleans through the Civil District Court, and others through statewide e-filing vendors, allow online submission. You upload PDFs and pay by card; the system emails a filing confirmation you should save.
Fees are a parish deposit plus statutory costs. Examples include Lafourche Parish at $300 for a one-decedent succession and Caddo Parish charging separate rates for large and small successions, with refunds of unused deposit at judgment. Attorneys and overall costs commonly land in the $500 to $5,000 range. Accepted payment is usually cash, check, money order, or card, depending on the parish. Always keep your stamped copy, docket number, and receipt as proof of filing.
What Happens After You File
After filing, the clerk assigns a docket number and division and routes the file to a judge. For a notarial or statutory will, the judge signs an order filing and executing the will, often within days, with no hearing. For an olographic will, the judge reviews the witness affidavits, then signs an order probating the will once satisfied the handwriting is genuine.
Once the will is recognized, the named executor takes the oath of office and the clerk issues letters testamentary under CCP Article 3082. Those letters are the executor’s proof of authority to collect assets, deal with banks, and pay debts. The clerk keeps the original will in perpetuity under CCP Article 2911, so it can never be lost from the record.
From there, the executor files a sworn descriptive list of assets, settles debts, and eventually petitions for a judgment of possession that transfers property to the heirs and legatees. In a simple, debt-free estate where probate and possession were combined, the judgment of possession may come at the same time as the probate order. The heirs then record that judgment in the parish conveyance records to clear title to land.
Mistakes to Avoid When Filling Out the Petition
Each error below has a direct cost, so read this list before you sign.
- Filing in the wrong parish. The court can dismiss for improper venue and you lose your deposit.
- Submitting a copy instead of the original will. The clerk will not file it, and you face the lost-will presumption of revocation.
- Mislabeling the will type. Calling an olographic will “notarial” gets the probate rejected when the court spots the missing proof.
- Forgetting the death certificate. Without it the court cannot confirm jurisdiction and refuses the filing.
- Date or place of death that conflicts with the certificate. The clerk flags the mismatch and holds the case.
- Leaving out an heir or legatee. The judgment of possession can be attacked later and reopened.
- Skipping the notarized verification. An unsworn petition is rejected and sent back for an oath.
- Forgetting to pray for letters testamentary. The executor gets no authority and must file again.
- Not attaching a proposed order. The judge has nothing to sign and the file sits idle.
- Omitting witness affidavits for a handwritten will. The court cannot probate an olographic will without proof of the handwriting.
- Using the wrong valuation. A misstated estate value can trigger the wrong filing fee or wrong procedure.
- Missing the executor’s oath. Letters will not issue until the oath is taken and filed.
Do’s and Don’ts
These quick rules keep your petition clean and acceptable.
- Do present the original will, because the court must keep it permanently and a copy invites a revocation fight.
- Do confirm venue by the decedent’s domicile, since the wrong parish can kill the case.
- Do match every date to the death certificate, because the court treats the certificate as controlling.
- Do identify the will type clearly, since that single fact decides whether proof is needed.
- Do get the petition notarized, because Louisiana requires a verified petition.
- Do attach a proposed order, so the judge can rule without delay.
- Don’t file wherever you happen to live, because venue follows the decedent, not you.
- Don’t guess at heirs’ names, since errors can void the judgment of possession.
- Don’t call a handwritten will notarial, because the court will catch the missing form.
- Don’t forget to ask for letters, or the executor cannot act.
- Don’t mail your only original will without tracking, since a lost original creates a heavy legal burden.
- Don’t skip the witness affidavits for an olographic will, because the judge cannot probate it without them.
Pros and Cons of Filing on Your Own vs. With Help
Whether to hire an attorney depends on the estate’s size, debts, and family peace. The table compares the two paths.
| Filing Pro Se (On Your Own) | Filing With an Attorney |
|---|---|
| Saves attorney fees, which often run $500 to $5,000+ | Costs more, but the fee buys experience and fewer rejections |
| Works well for simple, debt-free notarial wills with one heir | Best for estates with debts, real estate, or business interests |
| Gives you full control over timing and documents | Hands off drafting so you avoid technical errors |
| Forces you to learn the CCP rules yourself | Provides someone who already knows venue, proof, and procedure |
| Risk of a rejected filing that delays the case | Lowers the risk of a deficiency notice or dismissal |
A pro is that Louisiana lets many uncontested, debt-free successions combine probate and possession in one filing, which a careful pro se filer can handle. A con is that any contest, missing heir, or olographic-will proof problem can quickly outrun a non-lawyer’s comfort. For an olographic will or a fighting family, the cost of an attorney usually beats the cost of a stalled estate.
Frequently Asked Questions
Who can file the Petition for Probate in Louisiana?
Yes, any person with an interest in the succession can file, including an heir, legatee, named executor, or even a creditor, under CCP Article 2851.
Does a notarial will have to be proven in court?
No, a notarial, statutory, or nuncupative-by-public-act will is simply filed and executed; only wills like olographic ones must be proven.
Do I file in the parish where the person died or where they lived?
No, you file where the decedent was domiciled at death, not where they happened to die, because venue follows last domicile.
Can I file a copy of the will if I lost the original?
No, you must present the original; a copy triggers a presumption the will was revoked, which you must overcome with clear proof.
Do I write the decedent’s name or my own in the case caption?
No, the caption reads “Succession of” the decedent’s full legal name, while your name appears in the petitioner paragraph below.
Must the petition be notarized?
Yes, Louisiana succession petitions must be verified, meaning sworn before a notary, or the clerk can reject the filing.
Do I need to attach affidavits for a handwritten will?
Yes, an olographic will needs affidavits from two witnesses to the decedent’s handwriting before the court will probate it.
Should I list every heir even if only one inherits?
Yes, you must identify all heirs and legatees, because leaving someone out can later void the judgment of possession.
Do I ask for letters testamentary in the same petition?
Yes, the named executor may pray for confirmation and letters in the original probate petition under CCP Article 3081.
Will I get my filing deposit back?
Yes, parishes such as Caddo refund the unused part of the deposit at the judgment, though the statutory court costs are not refunded.
Do I need a proposed order, or does the judge write it?
Yes, you must draft and attach the proposed order, because Louisiana judges sign the order the petitioner prepares.
Can I combine probate with the judgment of possession?
Yes, in uncontested, debt-free successions many parishes let you combine the petition for probate with a petition for possession in one filing.
What if the will names no executor?
No, you are not stuck; the court appoints a dative testamentary executor under CCP Article 3083 when no executor is named or able to serve.
Related reading
- How to Fill Out the Alabama Petition for Probate of Will (w/ Examples) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs
- How to Fill Out the Louisiana Final Account and Petition for Distribution + FAQs
- How to Fill Out the Louisiana Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out the Mississippi Petition for Probate of Will + FAQs
- How to Fill Out the West Virginia Petition for Probate of Will + FAQs