How to Verify an Original Will in Louisiana

Short answer: In Louisiana you usually need the original physical document to open (probate) a will. To confirm whether a document you received is the original, inspect the document for execution details and notarial markings, check where the document was created or stored (notary or attorney files), and, if needed, hire a lawyer or a forensic document examiner to authenticate the paper, ink, signatures, or handwriting. This page explains the practical steps, what Louisiana law generally requires, and what to do if only a copy exists.

Disclaimer

This is general information only and not legal advice. I am not a lawyer. If you need to act on a will, consult a Louisiana attorney who handles successions.

Detailed answer — how to tell if a will is an original under Louisiana law

1. Understand the types of wills in Louisiana

Louisiana recognizes different kinds of testaments: notarial (notarized) wills and testamentary writings entirely in the testator’s handwriting (often called holographic wills). Each type has different formal requirements. Notarial wills are prepared in the presence of a notary and witnesses and normally include a notary’s attestation or notarial certification. Holographic wills must be entirely in the testator’s own handwriting and signed by the testator. Knowing the type of will you have helps you know what to look for.

For statutes and more on execution rules for wills in Louisiana, see the Louisiana Civil Code (Successions and Testaments) on the Louisiana Legislature website: https://www.legis.la.gov.

2. Physical signs that indicate an original

• Testator’s original signature: look for an ink signature rather than a printed or photocopied mark.
• Witness signatures: most formal wills include signatures (and sometimes printed names and addresses) of witnesses. Confirm that witness signatures are ink, not toner or photocopy repetition.
• Notarial certificate or attestation clause: notarial wills often contain a notary’s signature, notary stamp, seal, or an attestation clause stating the will was executed before a notary and witnesses.
• Page numbering and continuity: originals of multi-page wills commonly show continuous numbering, staples or fasteners, and consistent ink/pen strokes across pages.
• Paper quality and ink variation: originals often show ink bleed, impressions from pen pressure, or differences in ink that do not reproduce in copies.
• Handwriting features for holographic wills: if the entire will is in the testator’s handwriting (not typed) and signed, that supports originality and the holographic nature.

3. Ask where the document came from

Key practical step: find out who produced or stored the will. Common possibilities:

• Notary: if a notarial will, the drafting notary usually keeps the original notarial act or records. Contact the notary who prepared the will.
• Attorney: attorneys who helped a testator may keep the original in a safe or file marked “Original Will.”
• Bank safe-deposit box or personal safe: families sometimes keep originals in a safe-deposit box or home safe.
• Registry or will safekeeping service: some jurisdictions and private services offer will safekeeping.

If you received a document from a family member, a lawyer, or a notary, ask for confirmation and any file copy or notarial entry that establishes where the original is kept.

4. Contact the notary or attorney of record

If the will is purportedly notarial, contact the notary whose name or seal appears on the document. Notaries maintain notarial records and can confirm whether the will on hand is the original or a copy. If a notary cannot be located, a Louisiana attorney can help trace the notary or the notarial records.

5. If you only have a copy — what then?

Louisiana courts prefer original wills when opening successions. If only a copy exists, a person seeking to admit that copy must explain why the original is not producible and present evidence that the copy accurately reflects a validly executed testament. That often requires testimony or other documentary proof about the will’s execution and custody. In contested situations the court may require stronger proof, including forensic analysis or witness testimony about the original signing.

6. Use professional authentication when needed

When authenticity is disputed, common steps include:

• Forensic document examination of handwriting, ink, paper, and impressions.
• Obtaining witness affidavits from people present at execution (notary, witnesses, attorney).
• Gathering chain-of-custody evidence: where the will was stored and who had access.

7. When to get a lawyer involved

Contact a Louisiana succession attorney if:

• You cannot locate the original but someone claims an original exists elsewhere.
• Someone disputes the will’s authenticity or claims fraud, duress, or incapacity.
• The estate is large or contains complex assets that require prompt action (bank accounts, real estate, business interests).

Procedural notes specific to Louisiana

Louisiana successions generally require filing to open the succession in the proper parish court. Courts typically expect the original will when a succession is opened. Notarial wills differ because a notary often retains formal notarial records; check the notary’s file. Holographic wills must meet strict handwriting-and-signature requirements to be valid.

For authoritative text on wills and succession formalities in Louisiana, consult the Louisiana Civil Code (Successions and Testaments) available from the Louisiana Legislature: https://www.legis.la.gov. A Louisiana succession attorney can cite the exact articles that apply to your situation.

Helpful Hints

• Do not alter, mark on, or unstaple the document—preserve it exactly as you found it.
• If you must transport the document, keep it in a secure, dry folder and document who handled it.
• Take clear photos (without altering) for your records, but remember photos do not replace the original for probate.
• Ask the person who gave you the will where they got it and whether they know where the original is kept.
• Look for clear notarial phrases (e.g., “in the presence of the notary and the undersigned witnesses”) or a notary’s signature and stamp—these often indicate a notarial original.
• If the document appears typed but includes marginal handwritten notes, those notes alone do not make it a holographic will; the whole document must be in the testator’s handwriting to qualify as holographic.
• If you suspect fraud, contact an attorney promptly to preserve evidence and protect estate assets.

Next practical steps

1. Carefully inspect and preserve the document.
2. Ask where it originated and contact the notary or attorney shown on the document.
3. If you cannot locate the original or the status is disputed, consult a Louisiana succession attorney. They will advise whether to petition the court to open the succession, how to authenticate the will, or how to admit a copy if necessary.

If you want, provide the facts you know (type of document, any notary or attorney names visible, whether it is handwritten or typed) and I can outline the likely legal steps and evidence you’ll need next.