Background
John R. Tessier and Jeanine Tessier Wheeler sought supervisory review in succession proceedings involving John Burgin Tessier and, in a consolidated matter, Rose Mary Begnaud Tessier. They moved to annul a September 22, 2022 order probating John Tessier’s testament and an amended judgment of possession.
Before those orders were signed, the relators had filed a May 17, 2022 petition to appoint an administrator. Although that pleading was not captioned as an opposition to probate, it substantively opposed probate of John Tessier’s testament. The challenged probate and possession orders were nevertheless presented and signed ex parte as uncontested matters.
The Court’s Holding
The First Circuit granted the writ in part and denied it in part. It reversed the portions of the district court’s May 14, 2026 judgment that denied the relators’ motion to annul the order of probate and amended judgment of possession, and it vacated both September 22, 2022 orders.
The court held that the substance of the May 17 petition—not its title—established an opposition to probate. Once that objection was filed, the testament could be probated only through a contradictory trial under Louisiana Code of Civil Procedure article 2901; the district court should not have acted ex parte. The court treated the annulment claim under article 2002 as dispositive and declined as moot to review claims under articles 2004 and 2931.
Key Takeaways
- A pleading’s substance can constitute an opposition to probate even if it is not labeled as one.
- After an objection to ex parte probate is made, probate requires a contradictory trial.
- Probate and possession judgments entered as uncontested despite a pending opposition may be annulled and vacated.
Why It Matters
The decision underscores that succession courts must examine the record for substantive objections before processing probate matters ex parte. Parties challenging a testament should ensure their objection is clear, but courts cannot disregard an objection merely because it appears in a differently titled pleading.