Detailed Answer
Under Louisiana law, wills must meet strict formal requirements to be admitted to probate. If a will was neither witnessed nor notarized, it can qualify only as an olographic will. Louisiana Civil Code Article 1575 defines an olographic will as one that is entirely handwritten, dated, and signed by the testator. Typed or partially handwritten documents that lack witnesses or notarization will not satisfy Louisiana’s requirements and cannot be probated.
Types of Valid Wills in Louisiana
- Notarial Will (Art. 1579): Prepared by a notary in the presence of two competent witnesses or, under specific circumstances, one witness plus certain relatives. The will must be signed by the testator, the notary, and the witnesses.
- Olographic Will (Art. 1575): Entirely handwritten, dated (month, day, year), and signed by the testator. No witness or notary is required.
Probating an Olographic Will
- Locate the original document. Louisiana law does not permit probate of copies.
- Confirm the handwriting and signature. An affidavit from a person familiar with the testator’s handwriting may assist the court in verifying authenticity.
- File a petition for probate (succession) in the district court of the parish where the decedent lived. Identify the document as an olographic will under C.C. Art. 1575.
- Notify heirs and potential legatees as required by law. The clerk will set a hearing date to admit the will and appoint a succession representative.
What If the Will Is Typed and Unwitnessed?
If the document is typed and lacks witnesses or notarization, Louisiana law provides no “harmless error” exception. Such a document cannot be admitted as a valid will. The estate must proceed as intestate succession, distributing assets according to C.C. Art. 889.
If you believe the decedent intended the document as a will, you may consider a declaratory judgment action to establish testamentary intent, but success is uncertain and requires clear extrinsic evidence.
Helpful Hints
- Always preserve the original handwritten will—copies cannot be admitted.
- Keep the will in a safe place where heirs know its location.
- Consider having an attorney prepare a notarial will to avoid validity issues.
- File probate (succession) within one year of death to avoid penalties. Late filings may face additional court scrutiny.
- Gather witnesses or affidavits early to verify handwriting if you rely on an olographic will.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.