How to Verify a Valid Will or Estate Planning Documents in Louisiana
Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in Louisiana, you must confirm whether they left a valid will or other estate planning documents. Louisiana follows civil law rules for wills, trusts, and powers of attorney. Below are steps you can take to verify the existence and validity of these documents under Louisiana law.
1. Contact the Parish Clerk of Court
Each Louisiana parish maintains a Probate Registry in the Clerk of Court’s office. You can:
- Visit or call the parish courthouse where the decedent last lived.
- Ask the clerk to search the Probate Registry for filed wills or testamentary documents.
- Provide the decedent’s full name and date of death to narrow the search.
Under La. Civ. Code art. 1577, a will must meet certain formalities to be valid. You can review those requirements online: La. Civ. Code art. 1577.
2. Check with Notaries and Attorneys
Many Louisianans use notarial wills or deposit wills with their attorneys. To explore this route:
- Contact notaries in the parish. Notarial wills require a signature before a notary and two witnesses (La. Civ. Code art. 1580).
- Ask the decedent’s estate planning attorney if they hold originals or copies of wills, trusts, powers of attorney, or health care directives.
3. Review Personal Records and Safe-Deposit Boxes
Family members often store estate documents at home or in bank safe-deposit boxes. You should:
- Search the decedent’s personal files for a “Will,” “Trust,” or “Power of Attorney” labeled folder.
- Obtain a court order authorizing access to a bank safe-deposit box, if necessary. Banks generally open the box in the presence of a court representative or under court instruction.
4. Use the Louisiana Secretary of State and Online Resources
While Louisiana has no centralized will registry, the Secretary of State website offers guidance on finding public records. Visit sos.la.gov for links to:
- Public records searches.
- Parish courthouse contact information.
Helpful Hints
- Keep a record of all inquiries, including dates, names, and outcomes.
- Obtain certified copies of any documents you find. Courts and notaries may charge a fee.
- Be prepared to show proof of your relationship to the decedent and reason for your search.
- If you encounter a contest or dispute over a found will, consult a Louisiana probate attorney promptly.
- Verify witness signatures and notarial acknowledgments to ensure compliance with Louisiana Civil Code requirements.
Following these steps helps you confirm whether the decedent left valid estate planning documents. Remember, proper verification protects heirs and supports an orderly estate settlement.