Senate Bill No. SLS 25RS-92, introduced by Senator Foil, aims to revise the procedures related to successions and donations within the Louisiana Code of Civil Procedure. The bill amends several articles, including provisions for ex parte probate, which allows the court to proceed with probate without objections unless formally filed. It modifies the requirements for presenting objections, stipulating that they must be filed in opposition rather than made orally at the hearing. Additionally, the bill updates the process for taking witness depositions and clarifies the requirements for the proces verbal of probate, ensuring that it includes necessary details about the testament and the testimony provided.
Furthermore, the bill emphasizes the privilege of litigating without prior payment of costs, explicitly including succession proceedings in this provision. It mandates that costs incurred by parties allowed to litigate without payment be paid from succession assets. The effective date for these changes is set for August 1, 2025. Overall, the bill seeks to streamline the probate process and ensure that individuals unable to pay court costs can still access the judicial system in succession matters.