|
|
Last
Modified on
Aug 03, 2026
Not every Louisiana notarial testament is 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 includes one of the declarations described in Code of Civil Procedure Article 2887(A).
What Article 2887 Now Requires
Article 2887(A) provides two ways for a Louisiana notarial testament to qualify as self-proving.
First, the required declaration may appear in the testament itself. The notary and subscribing witnesses must sign that declaration.
Alternatively, the notary and subscribing witnesses may later execute the required declaration in an affidavit attached to the testament. If the testator could not sign and directed another person to sign, the declaration must also reflect that fact.
If the testament does not satisfy Article 2887(A), that does not necessarily make the will invalid. Instead, the will is not self-proving. Probate may require additional evidence under Article 2887(B), such as testimony from the notary, subscribing witnesses, or other witnesses who recognize the testator’s signature.
That difference is procedural, but it can become important when the notary or witnesses cannot be located years later.
What Article 2891 Now Says
Article 2891 now ties the no-proof rule directly to compliance with Article 2887(A). A Louisiana notarial testament that meets those requirements does not need additional proof. Once someone produces the testament, the court may order it filed and executed, and that order has the effect of probate.
The revised law therefore separates two questions:
- Is the testament valid under Article 1576?
- Is the testament self-proving under Article 2887(A)?
The answer to the first question may be yes even when the answer to the second is no.
Why This Matters
A family should not assume that “notarial” automatically means the court will never need evidence from the notary or witnesses. A will may satisfy the formal requirements for validity but still require additional proof during probate.
Act 30 applies both prospectively and retroactively, subject to exceptions for prescribed claims and matters already resolved by a final judgment. As a result, the change may matter when reviewing both new and existing Louisiana wills.
Signing each page and including a compliant declaration remain the best practices for making a notarial testament easier to probate. For more practical guidance, see our article on perfecting a self-proving Louisiana notarial testament.
Field Law Can Help
A Louisiana will should be reviewed for both legal validity and probate readiness. If you want to know whether an existing notarial testament is self-proving under the 2025 law, contact Field Law. We can evaluate the document, identify any proof that may eventually be required, and help address problems before they become succession litigation.
