Detailed Answer
Discovering a will decades after execution raises questions about authenticity and proper probate procedures in Louisiana. Follow these steps under Louisiana law to verify and probate an old will:
1. Verify the Will’s Authenticity
- Identify the type of will. Louisiana recognizes notarial, mystic (closed), and nuncupative wills. Olographic wills are invalid.
- Review formal requirements. Notarial wills must comply with La. Civ. Code Arts. 1579–1596 (link). The will must be executed by a notary and two competent witnesses.
- Confirm signatures, seals, and recitals. A valid will must bear the testator’s signature and statements of intent witnessed and recorded by a notary.
2. Determine the Testator’s Last Domicile
Venue lies in the district court of the parish where the decedent was domiciled at death (La. Code Civ. Proc. Art. 3221).
3. File a Petition for Probate
Prepare and file a petition to probate the will in the appropriate district court. Include facts such as date of death, relationship of the petitioner, and a copy of the will. Cite Arts. 3221–3299 of the Code of Civil Procedure (Title VI).
4. Serve Notice to Heirs and Creditors
Louisiana law requires you to notify all forced heirs, legatees, and known creditors. Publish notice in the parish’s official journal so parties can assert claims or objections.
5. Court Hearing and Admission
Attend the probate hearing. The judge examines evidence of authenticity. If satisfied, the court signs an order admitting the will to probate and appoints the executor named in the will.
6. Administration of the Estate
Once the will is probated, the executor gathers assets, pays debts, and distributes property per the will and La. Rev. Stat. Title IX — Successions (Title IX).
7. Potential Challenges
Heirs may challenge the will’s validity for undue influence or lack of capacity. Objections generally arise at the probate hearing. Consult an attorney promptly to address disputes.
Helpful Hints
- Search for more recent wills to ensure this is the decedent’s final testament.
- Gather witness affidavits or testimony if witnesses are still alive.
- Collect documents proving the decedent’s handwriting or signature.
- Work with a Louisiana succession attorney or notary to navigate court rules.
- Keep copies of all filings and court orders in a secure location.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.