SUCCESSION OF [_COURT_]
[_DECEDENT_] PARISH OF [_COURT_PARISH_]
PROBATE NO. ____________ STATE OF LOUISIANA
PETITION FOR PROBATE OF STATUTORY TESTAMENT
The petition of [_EXEC_TRIX_NAME_] , of full age of
majority, and a resident of [_Exec_Parish_] Parish,
Louisiana, whose address is [_Exec_Add_] with respect
represents:
1.
[_DECEDENT_] , referred to herein as "decedent", died
domiciled in [_Death_Parish_] Parish, Louisiana, on [_DOD_] .
[_Dec_he_she_] was the [_husband_wife_] of
[_EXEC_TRIX_NAME_] , petitioner herein.
2.
An affidavit to establish facts of death, domicile and
heirship is filed herein.
3.
The decedent left a testament, in statutory form, dated
[_Will_Date_] and executed before [_WILL_NOTARY_] , Notary
Public, in the presence of [_WILL_WITT_1_] and
[_WILL_WITT_2_] witnesses, on [_Will_Date_] in accordance
with the provisions of R.S. 9:2442, the original of this
testament being annexed hereto, and petitioner asks that this
testament be probated.
4.
Petitioner herein, [_EXEC_TRIX_NAME_] , is designated in
decedent's will to serve as the [_Exec_trix_] of decedent's
estate and petitioner is willing to serve.
WHEREFORE, petitioner prays that the testament of
[_DECEDENT_] be admitted to probate, paraphed, filed,
recorded and ordered executed by this Court and that
petitioner, [_EXEC_TRIX_NAME_] , be named [_Exec_trix_] of
this succession.
[_Firm_Name_]
Attorneys for
[_EXEC_TRIX_NAME_]
[_Exec_trix_]
SUCCESSION OF
[_DECEDENT_]
[_Firm_St_Add_]
[_Firm_City_St_Zip_]
[_Firm_Tel_No._]
BY: _____________________________
[_Attorney_]
BAR ROLL NO. [_Bar_No._]
STATE OF LOUISIANA
PARISH OF [_VERIFY_PARISH_]
BEFORE THE UNDERSIGNED AUTHORITY, personally came and
appeared:
(1) [_EXEC_TRIX_NAME_] , of full age and a resident of
[_Exec_Parish_] Parish, Louisiana,
who, after being duly sworn, did depose and say:
That [_exec_he_she_] is the petitioner in the above and
foregoing petition, and all the facts, allegations, and
stipulations set out therein contained are true and correct.
THUS SIGNED ON [_Verification_Date_] , in the City of
[_City_Name_] , Parish of [_Verify_Parish_] , in the presence
of the undersigned Notary Public, qualified in said State and
Parish, and the undersigned competent witnesses, who have
signed with the party after due reading of the whole.
WITNESSES:
___________________________ _____________________________
[_EXEC_TRIX_NAME_]
___________________________
______________________________
NOTARY PUBLIC
STATE OF LOUISIANA
PARISH OF [_AFF_PARISH_]
AFFIDAVIT OF NOTARY AND ATTESTING WITNESSES
BEFORE ME, the undersigned Notary Public and in the
presence of the undersigned competent witnesses, personally
came and appeared:
[_WILL_NOTARY_] , a resident of [_Will_Not_Parish_]
Parish, Louisiana, and
[_WILL_WITT_1_] , a resident of [_Witt_1_Parish_] Parish,
Louisiana
both of full age of majority,
who, after being duly sworn, did depose and say:
They are respectively the Notary and one of the
witnesses before whom the last will and testament, in
statutory form, of [_DECEDENT_] , deceased, dated
[_Will_Date_] , was attested; they have examined the original
will filed in these proceedings, which consists of a typed
instrument on [_No._Pages_] sheets of [_paper_size_] length
bond paper, beginning with the words "[_First_Words_]" and
ending with the words "...[_Last_Words_]" (followed by the
signatures of [_DECEDENT_] , [_test_trix_] , [_WILL_WITT_1_]
and [_WILL_WITT_2_] , witnesses, and [_WILL_NOTARY_] , Notary
Public).
Affiants further declare, under oath, that they
recognize the above described instrument as the identical
instrument signed by [_DECEDENT_] , [_test_trix_] in the
presence of the affiants, and the other witness. The
[_test_trix_] , [_DECEDENT_] , declared to affiants, and the
other witness, that the document was [_test_his_her_] last
will and testament; that they as Notary and attesting
witness, together with the other witness, together with the
testatrix, signed at the end of the will, all in each other's
presence, and that they recognize the signature of the
[_test_trix_] as affixed by [_test_him_her_] on that will and
also their own signatures and the signature of the other
witness.
SWORN TO AND SUBSCRIBED before me, Notary Public, at
[_Aff_City_] , [_Aff_Parish_] Parish, Louisiana, on this
[_Aff_Date_] , in the presence of the undersigned competent
witnesses.
WITNESSES:
____________________________ ______________________________
[_WILL_NOTARY_]
____________________________ ______________________________
[_WILL_WITT_1_]
_________________________________________
[_AFF_NOTARY_] , NOTARY PUBLIC
[_AFF_PARISH_] PARISH, LOUISIANA
STATE OF LOUISIANA
PARISH OF [_HEIR_AFF_PARISH_]
AFFIDAVIT OF DEATH AND HEIRSHIP
BE IT KNOWN that on the dates hereinafter designated
before the Notaries Public designated, duly commissioned and
qualified in and for the parish indicated, and in the
presence of the witnesses hereinafter named and undersigned:
PERSONALLY CAME AND APPEARED:
(1) [_HEIR_AFNT_1_] , of full age of majority and a
resident of [_Heir_Afnt_1_Parish_] Parish, Louisiana,
whose address is [_Afnt_1_Add_] and
(2) [_HEIR_AFNT_2_] , of full age of majority and a
resident of [_Heir_Afnt_2_Parish_] Parish, Louisiana,
whose address is [_Afnt_2_Add_]
who, after being duly sworn, did depose and say:
They were well acquainted with the late [_DECEDENT_] ,
who died domiciled and a resident of [_Death_Parish_] Parish,
Louisiana, on [_DOD_] .
[_DECEDENT_] , was married but once, and then to
[_EXEC_TRIX_NAME_] , who survives [_test_him_her_] .
Of the marriage between [_DECEDENT_] and
[_EXEC_TRIX_NAME_] , two (2) children were born, namely:
[_CHILD_ONE_] , whose present marital status is
[_Marital_Stat_1_] , and whose present mailing address is
[_Address_1_] , and
[_CHILD_TWO_] , whose present marital status is
[_Marital_Stat_2_] , and whose present mailing address is
[_Address_2_] .
The two (2) above named children of [_DECEDENT_] were
the only children ever born to [_test_him_her_] and that
decedent never adopted anyone.
The decedent was domiciled and had a fixed place of
residence in [_Death_Parish_] Parish immediately prior to
[_test_his_her_] death, and the decedent's estate is solvent.
Deponents are informed that the decedent, [_DECEDENT_] left a
will. Deponents are also informed that [_EXEC_TRIX_NAME_]
was born on [_Exec_DOB_] .
SWORN TO AND SUBSCRIBED BEFORE ME THIS
[_HEIR_AFF_DATE_] , this affidavit having been signed at my
notarial office in [_Heir_Aff_City_] , [_Heir_Aff_Parish_]
Parish, Louisiana, the deponents having affixed their
signatures hereto together with me, Notary, and the
undersigned witnesses, after due reading of the whole.
WITNESSES:
_________________________ _________________________
[_HEIR_AFNT_1_]
_________________________ _________________________
[_HEIR_AFNT_2_]
______________________________________
NOTARY PUBLIC
SUCCESSION OF [_COURT_]
[_DECEDENT_] PARISH OF [_COURT_PARISH_]
PROBATE NO. ______________ STATE OF LOUISIANA
ORDER
PROBATING STATUTORY TESTAMENT
Considering the foregoing petition, the testament of
[_DECEDENT_] , in statutory form, dated [_Will_Date_] , and the
annexed affidavit of the Notary and one witness before whom
the will was attested, it appearing to the satisfaction of
the Court that the will has been duly proved in accordance
with Article 2887 of the Louisiana Code of Civil Procedure;
I do hereby declare the testament of [_DECEDENT_] , in
statutory form dated [_Will_Date_] , to be truly proved, I
have paraphed it and I hereby order said will filed and
recorded in the office of the Clerk of Court of
[_COURT_PARISH_] PARISH, Louisiana, and executed according to
law.
THUS DONE AND SIGNED at [_Order_City_] , [_Order_Parish_]
Parish, Louisiana, on [_Order_Date_] .
_____________________________
DISTRICT JUDGE
SUCCESSION OF [_COURT_]
[_DECEDENT_] PARISH OF [_COURT_PARISH_]
PROBATE NO. ____________ STATE OF LOUISIANA
ORDER CONFIRMING [_EXEC_TRIX_] AND
DIRECTING ISSUANCE OF LETTERS TESTAMENTARY
[_EXEC_TRIX_NAME_] is hereby confirmed as Testamentary
[_Exec_trix_] of the Succession of [_DECEDENT_] . Let letters
testamentary issue to [_exec_him_her_] after [_exec_he_she_]
has taken the oath of office.
Signed in Chambers in [_Order_City_2_] , Louisiana, on
[_Order_Date_2_] .
________________________________
DISTRICT JUDGE
SUCCESSION OF [_COURT_]
[_DECEDENT_] PARISH OF [_COURT_PARISH_]
PROBATE NO. ____________ STATE OF LOUISIANA
[_EXEC_TRIX_] 'S OATH
STATE OF LOUISIANA
PARISH OF [_COURT_PARISH_]
BEFORE ME, personally appeared [_EXEC_TRIX_NAME_] who
solemnly swears that [_exec_he_she_] will discharge
faithfully the duties of [_exec_his_her_] office as
[_Exec_trix_] of the Succession of [_DECEDENT_] .
______________________________
[_EXEC_TRIX_NAME_]
SWORN TO AND SUBSCRIBED BEFORE ME, THIS [_OATH_DATE_] .
_________________________________
NOTARY PUBLIC
SUCCESSION OF [_COURT_]
[_DECEDENT_] PARISH OF [_COURT_PARISH_]
PROBATE NO. ____________ STATE OF LOUISIANA
LETTERS TESTAMENTARY
THIS IS TO CERTIFY that [_EXEC_TRIX_NAME_] has been
confirmed as [_Exec_trix_] of the SUCCESSION OF [_DECEDENT_] ,
by the Honorable, the [_COURT_] OF THE PARISH OF
[_COURT_PARISH_] , State of Louisiana; and that
[_exec_he_she_] has qualified for the office by complying
with all of the requirements of law relating thereto.
IN WITNESS WHEREOF, these Letters Testamentary are
issued in the name, and under the seal of the Honorable, the
[_COURT_] OF THE PARISH OF [_COURT_PARISH_] , State of
Louisiana, at [_Letters_City_] , Louisiana, this
[_Letters_Date_] .
_________________________________________
CLERK OF THE [_COURT_]
PARISH OF [_COURT_PARISH_]
STATE OF LOUISIANA
* * * * * * * * * *
STATUTORY WILL PROBATE - PETITION FOR PROBATE OF A STATUTORY
WILL ASKING FOR APPOINTMENT OF EXECUTOR OR EXECUTRIX,
AFFIDAVIT PROVING WILL, AFFIDAVIT OF HEIRSHIP, ORDERS
PROBATING WILL AND APPOINTING EXECUTOR OR EXECUTRIX, EXECUTOR
OR EXECUTRIX OATH AND LETTERS TESTAMENTARY - F2APROB1 : See
C.C.P. 2887. Note that this form assumes that the surviving
spouse is the executor (executrix). Note that while most
wills relieve the executor named from having to furnish
security, C.C.P. 3153 provides that a named executor does not
have to provide security unless the will says so or in the
special cases set out in C.C.P. 3154 through 3155. If the
decedent left an olographic will , substitute the affidavit of
probate and probate order from F2APROBO for the affidavit of
probate and probate order here and make appropriate changes
to the caption of the petition, to petition paragraph 3, and
the order probating the will. See also "GENERAL NOTES" in
F2FINDME.
WORD KEY EXPLANATION
[_COURT_] Name court in which succession
is filed.
[_DECEDENT_] Full name of decedent.
[_COURT_PARISH_] Parish where filed.
[_EXEC_TRIX_NAME_] Name of executor or executrix.
[_Exec_Parish_] Parish in which executor or
executrix lives.
[_Exec_Add_] Address of petitioner.
[_Death_Parish_] Parish of decedent's domicile at
death.
[_DOD_] Date of decedent's death.
[_Dec_he_she_] As appropriate for decedent.
[_husband_wife_] As appropriate for decedent.
[_Will_Date_] Date of will.
[_WILL_NOTARY_] Notary on will.
[_WILL_WITT_1_] Will witness who will sign
probate affidavit.
[_WILL_WITT_2_] Other will witness.
[_Exec_trix_] Executor or executrix, as
appropriate.
[_Firm_Name_] Name of law firm.
[_Firm_St_Add_] Law firm street address.
[_Firm_City_St_Zip_] Law firm city, state and zip
code.
[_Firm_Tel_No._] Telephone number of law firm.
[_Attorney_] Name of attorney signing
pleading.
[_Bar_No._] Attorney's bar number.
[_exec_he_she_] He or she as appropriate for
executor or executrix.
[_VERIFY_PARISH_] Parish in which verification
signed.
[_Verification_Date_] Date verification is signed.
[_City_Name_] City in which verification is
signed.
[_Verify_Parish_] Parish in which verification is
signed.
[_AFF_PARISH_] Parish in which affidavit is
executed.
[_Will_Not_Parish_] Parish in which the will notary
lives.
[_Witt_1_Parish_] Parish in which will witness one
lives.
[_No._Pages_] Number of pages in will.
[_paper_size_] Specify legal or letter size.
[_First_Words_] First words of will.
[_Last_Words_] Final words of will.
[_test_trix_] testator or testatrix, as
appropriate.
[_test_his_her_] As appropriate for person making
will.
[_test_him_her_] As appropriate for person making
will.
[_Aff_City_] City in which affidavit is
signed.
[_Aff_Parish_] Parish in which affidavit is
signed.
[_Aff_Date_] Date on which affidavit is
signed.
[_AFF_NOTARY_] Notary signing affidavit.
[_HEIR_AFF_PARISH_] Parish in which heirship
affidavit is signed.
[_HEIR_AFNT_1_] Name of first affiant.
[_Heir_Afnt_1_Parish_] Residence parish of first
affiant.
[_Afnt_1_Add_] Address of first affiant.
[_HEIR_AFNT_2_] Name of second affiant.
[_Heir_Afnt_2_Parish_] Residence parish of second
affiant.
[_Afnt_2_Add_] Address of second affiant.
[_CHILD_ONE_] Name of decedent's first child.
[_Marital_Stat_1_] First child's marital status.
[_Address_1_] First child's address.
[_CHILD_TWO_] Name of decedent's second child.
[_Marital_Stat_2_] Second child's marital status.
[_Address_2_] Second child's address.
[_Exec_DOB_] Date of birth of surviving
spouse.
[_HEIR_AFF_DATE_] Date of family history
affidavit.
[_Heir_Aff_City_] City family history affidavit
signed.
[_Heir_Aff_Parish_] Parish family history affidavit
signed.
[_Order_City_] City in which order to probate
signed.
[_Order_Parish_] Parish in which order to probate
signed.
[_Order_Date_] Date of order to probate.
[_EXEC_TRIX_] As appropriate.
[_exec_him_her_] As appropriate for Executor or
Executrix.
[_Order_City_2_] City in which order appointing
executor signed.
[_Order_Date_2_] Date of order appointing
executor.
[_OATH_DATE_] Date on which oath signed.
[_Letters_City_] City in which letters are
signed.
[_Letters_Date_] Date on which letters are
signed.