Detailed Answer
This section explains, in clear steps, what to do if you must submit an original last will and testament to a Louisiana probate (succession) court but you live out of state. The advice below is educational only and does not replace working with a Louisiana attorney. This is not legal advice.
1. Where the will must be filed
Under Louisiana law, succession (probate) proceedings normally occur in the parish where the decedent was domiciled at death or where the decedent owned immovable property. If the decedent was domiciled in a Louisiana parish, the original will should be presented to the clerk of the district court in that parish for opening and probate. For the official statutory texts governing successions and probate procedures, review the Louisiana statutes and codes at the Louisiana Legislature website: https://legis.la.gov/ (search for “Civil Code – Successions” and “Code of Civil Procedure – Successions”).
2. Contact the clerk of court first
Every parish clerk has local filing rules and may require particular forms, filing fees, or the scheduling of an initial hearing. Before mailing anything, call or email the parish clerk of court where the decedent was domiciled. Ask these key questions:
- Does the clerk accept wills filed by mail from out-of-state individuals?
- What are the filing fees and required documents (death certificate, identification, copies of the will)?
- Do you need to submit a petition to open the succession at the same time, or may the will be filed alone to preserve it?
- Any local rules on how to label the envelope, who must sign, or whether an in‑person appearance is required?
3. Prepare the package the clerk will accept
Typical items a clerk will expect include:
- The original will (the document signed by the testator).
- Certified copy of the decedent’s death certificate.
- A completed petition to open succession or petition to probate the will, if required by that parish (an attorney can prepare or review this petition).
- Contact information for next of kin or interested heirs, if known.
- Payment for filing fees (parish clerks usually accept checks or credit card authorization forms).
4. How to send the original will safely from out of state
Because courts often want the original document, take careful steps to protect it and your legal position:
- Use an insured, trackable overnight courier (e.g., FedEx, UPS) or USPS Registered Mail that provides chain-of-custody and required signatures on delivery.
- Include a short cover letter describing the package contents, your contact information, and the reason for filing.
- Keep certified copies of the will (do not send the only copy you have; make a high-quality photocopy or certified copy first).
- Record the courier tracking number and keep photographic evidence of the original will before shipping (date-stamped photos of each page).
- Request a signed receipt from the clerk (if the clerk cannot return the original immediately, ask how the court stores and later returns originals or provides certified copies of probate documents).
5. Alternatives to mailing the original yourself
If mailing the original seems risky or impractical:
- Hire a Louisiana attorney to file the will and open the succession. An attorney can file the petition, deliver the original to the clerk, represent you at any hearing, and obtain certified copies of the probate record.
- Ask a trusted Louisiana-based relative or friend to deliver the original in person. The clerk may accept filings from an authorized person, but you should confirm local requirements first.
- In some cases, if the original cannot be located, Louisiana courts can consider offering probate on a copy with appropriate proof and affidavits under certain circumstances — a more complex process where local counsel is strongly advised.
6. What happens after the clerk receives the original will
Typical steps after filing:
- The clerk usually records and files the original will and may open a succession docket.
- The court will schedule a hearing to admit the will to probate unless the parish’s procedures allow uncontested documentary probate.
- The court will notify interested parties per Louisiana rules and may issue letters testamentary or letters of administration once it appoints a personal representative (executor).
- Once the will is probated, you can ask the clerk for certified copies of the probate judgment and the will for use in banks, title companies, or other institutions that need proof of authority.
7. Common problems and how to avoid them
- Lost or missing original will — If you cannot find the original, do not assume you have no options. Contact an attorney right away: Louisiana law has procedures for proving a lost will, but they can be fact- and proof-intensive.
- Improper mailing — Use registered or insured services and get proof of delivery to avoid disputes about chain-of-custody.
- Timing and deadlines — Some claims and creditor notices have strict deadlines. Filing promptly or having local counsel file quickly helps preserve rights.
- Parish variations — Local clerks can have different administrative rules. Always verify with the parish where the decedent was domiciled.
Helpful Hints
- Before sending anything, call the parish clerk of court and confirm their out‑of‑state filing procedures and hours.
- Consider hiring a Louisiana attorney to handle filings and hearings—this reduces travel, speeds the process, and limits errors.
- Keep the original will in a secure place until you ship it. Keep dated photos and a log of every person who handled it.
- Always obtain and keep certified copies of the decedent’s death certificate; clerks commonly require them.
- If an institution requests a certified copy of the probated will, ask the clerk how to order certified copies and the cost involved.
- If the decedent owned real estate in another parish, you may need to file succession actions in multiple parishes—get local legal advice about jurisdictional issues.
- Use courier services that require a signed recipient and provide insurance for the declared value.
Where to learn more and next steps
For Louisiana statutes and a full view of the state’s Civil Code and Code of Civil Procedure relating to successions, search the Louisiana Legislature’s website: https://legis.la.gov/. For parish-specific filing rules, contact the clerk of court for the parish where the decedent was domiciled. If you need practical assistance, consider hiring a licensed Louisiana attorney to file the will, represent you at any hearing, and obtain certified probate copies.
Disclaimer: This article is educational only and does not constitute legal advice. Laws change and each case has unique facts. Consult a licensed Louisiana attorney for guidance specific to your situation.