CCP 2890

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CCP 2890

Art. 2890. Proces verbal of probate

A. A proces verbal of the hearing shall be prepared and shall be signed by the judge or the clerk, and by the witnesses who testified personally at the hearing. The proces verbal, which shall be a record of the succession proceeding, shall recite or include:

(1)The opening of the testament, and the manner in which proof of its authenticity and validity was submitted.

(2)The names of the witnesses testifying, either personally or by affidavit or deposition; the substance of the testimony of the witnesses who testify personally at the hearing; and that any affidavits or depositions used are made a part thereof by attachment or by reference.

(3)An order that the testament be recorded, filed, and executed, if the court finds that it has been proved in accordance with law; or an order refusing to probate the testament, giving the substance of the court's reasons therefor.

B. If written affidavits only are used to prove a will pursuant to Articles 2883 through 2888, the proces verbal shall be dispensed with, and the court shall render a written order that the testament be recorded, filed, and executed, if the court finds that it has been proved in accordance with law, or a written order refusing to probate the testament, giving the substance of the court's reasons therefor.

Amended by Acts 1968, No. 130, §1; Acts 1970, No. 475, §1; Acts 1984, No. 393, §1; Acts 1987, No. 270, §1; Acts 2025, No. 34, §1.