Art. 2851 Petition for probate

If someone dies and left a will, the law calls this dying "testate." When this happens, a person who has a stake in the estate can ask the court to open the succession process. This means they file a petition asking the court to formally recognize the will and allow it to be carried out.

You don't have to be a family member to do this. Anyone with a real interest in the estate, such as someone named in the will or someone who stands to gain or lose from how the estate is handled, can bring this petition. The key requirement is that you must file with the right court, meaning a court that has authority over this particular case based on where the person lived or where their property is located.

Once the court accepts the petition, it can move forward with probating the will. This means the court checks that the will is valid and then allows the estate to be settled according to what the will says. This step is usually the starting point for handling a deceased person's affairs when they left a will behind.