Art. 2893 Period within which will must be probated

If someone dies and leaves a will, that will has to go through a legal process called probate before it can be officially used. This rule sets a time limit for that process. A person must file a petition asking the court to probate the will within five years after the succession (the legal process of handling the deceased person's estate) was first opened in court.

If no one files that petition within the five year window, the court will not accept the will for probate. This means the will could lose its legal effect, even if it is valid and reflects what the deceased person wanted. Missing this deadline can cause the estate to be handled as if the will never existed, so family members or anyone involved with the estate need to act quickly once a succession case has been opened.