Updated September 7, 2026. Quick answer: In Louisiana, you have 5 years to contest a will that has already been admitted to probate, running from probate of the testament (Louisiana calls this an action of nullity, not a will contest; filing within the first 3 months shifts the burden of proving validity onto the people defending the will).
How long do you have to contest a will in Louisiana?
| Deadline to contest an admitted will | 5 years |
| What starts the clock | probate of the testament (Louisiana calls this an action of nullity, not a will contest; filing within the first 3 months shifts the burden of proving validity onto the people defending the will) |
| Dedicated will-contest statute? | Yes |
“A probated testament may be annulled only by a direct action brought in the succession proceeding against the legatees, the residuary heir, if any, and the executor, if he has not been discharged. The action shall be tried as a summary proceeding. [Civil Code art. 3497:] The following actions are subject to a liberative prescription of five years: An action for annulment of a testament.”
Source: La. Code Civ. Proc. art. 2931; La. Civil Code art. 3497
What makes Louisiana different
Louisiana, the one civil-law jurisdiction in this survey, doesn’t use ‘will contest’ or ‘statute of limitations’ language at all; a probated testament is attacked only through a civil-law action of nullity under a 5-year prescriptive period. The controlling authority is La. Code Civ. Proc. art. 2931; La. Civil Code art. 3497, and the window runs from probate of the testament (Louisiana calls this an action of nullity, not a will contest; filing within the first 3 months shifts the burden of proving validity onto the people defending the will).
A note on sourcing: Code of Civil Procedure art. 2931 was read directly from the official legis.la.gov site; the Civil Code art. 3497 five-year figure is corroborated via a Justia-indexed search snippet rather than a direct fetch of that specific article this session.
What happens once this deadline passes?
Once the window above closes, Louisiana’s probate of the will generally becomes final and binding on everyone who had the chance to object, subject only to the tolling or discovery exceptions described above; a separate objection Louisiana allowed at the original probate hearing does not reopen or extend it.
Sources
| Statute / rule | La. Code Civ. Proc. art. 2931; La. Civil Code art. 3497 |
| Louisiana courts (general reference) | Louisiana judicial branch |
| Louisiana (additional reference) | Louisiana.gov |
| Confidence | Medium |
Every statute or rule quoted on this Louisiana page was read directly from the state’s own legislature/court/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; whether a specific contest is still timely can turn on facts (exactly when notice was given, how the will was probated, whether a disability applies) that only your own Louisiana probate court file can confirm.