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Last
Modified on
May 05, 2026
Not every notarial testament is now self-proving merely because it is called notarial. After Act 30 of 2025, a notarial testament executed under Civil Code article 1576 is self-proving only if it is signed on each separate page at execution and is accompanied by one of the declarations described in Article 2887(A). La. C.C. art. 1576; La. C.C.P. art. 2887; Acts 2025, No. 30, § 2.
What Article 2887 now requires
Article 2887(A) supplies two routes: either the declaration appears in the testament itself and is signed by the notary and subscribing witnesses, or it appears in an affidavit attached to the testament and executed later by the notary and subscribing witnesses. If the testator is unable to sign and directs another person to sign, the declaration must reflect that fact as well. La. C.C.P. art. 2887(A).
If the testament does not satisfy Article 2887(A), that does not necessarily mean the will is substantively invalid. It means the will is not self-proving, and probate may require additional proof under Article 2887(B). The distinction is procedural, but it can become outcome-determinative when the witnesses are unavailable years later. La. C.C.P. art. 2887(B).
What Article 2891 now says
Article 2891 was amended in 2025 to tie the no-proof rule expressly to compliance with Article 2887(A). A notarial testament that complies with Article 2887(A), a nuncupative testament by public act, and a statutory testament do not need proof; once produced, the court orders the testament filed and executed, and that order has the effect of probate. La. C.C.P. art. 2891.
Why this matters
This change matters because it separates validity from proof. A will may satisfy Civil Code article 1576 well enough to exist as a testament, yet still fail to qualify as self-proving under Article 2887(A). Practitioners and families who assume ‘notarial’ automatically means ‘no witnesses needed later’ are now taking a real probate risk. La. C.C. art. 1576; La. C.C.P. arts. 2887, 2891.
Field Law can help
A Louisiana will should be reviewed for both substantive formalities and probate readiness. If you want to know whether an existing notarial testament is likely to move through probate cleanly after the 2025 change, Field Law can evaluate the document before it becomes a litigation problem.
