Detailed Answer
Before opening probate in Louisiana, you must locate the original testament (will or codicil) and confirm it meets state formalities. Louisiana follows the Civil Code rules for depositing, storing, and proving wills.
1. Check the Registry of Wills
Under La. Civ. Code art. 1551, a testator may deposit the original will or codicil with the clerk of court in the parish where they reside. The clerk stores it in a sealed envelope and records the date of deposit. After the testator’s death, contact that clerk’s office to request a registry search. The clerk will locate any sealed documents labeled as wills or codicils.
(See La. Civ. Code art. 1551–1552.)
2. Search Safe Deposit Boxes and Personal Records
Testators often keep originals in a home safe, safe deposit box, or with a trusted family member. Request access to the bank box with a court order if necessary. Review the testator’s papers for notary stamps or witness statements that point to the original location.
3. Contact the Drafting Attorney or Notary
Many testators leave their original will with the attorney or notary who drafted it. Reach out to law firms or notarial offices the decedent used. They may hold the original safe or maintain an official file.
4. Verify Testamentary Formalities
Once you find the original, confirm it complies with Louisiana’s formal requirements:
- Testator’s handwritten or notarized signature.
- Two competent witnesses for an olographic (handwritten) will or a notarial attestation for a notarial will. (La. Civ. Code art. 1579–1583)
- Date and signature of the notary public (for notarial wills).
If the original is lost or destroyed, Louisiana law allows interested parties to prove its contents. You can file an action to prove a lost will under La. Civ. Code art. 1577, which may require photocopies or drafts plus witness testimony to establish authenticity.
Helpful Hints
- Start with the parish where the decedent last lived.
- Gather contact info for the decedent’s attorney or notary public.
- Keep a record of all communications with banks, clerks, and attorneys.
- Photocopy any drafts, emails, or electronic will registries for backup.
- Consult a local probate attorney if the registry search or access to safe deposit boxes faces delays.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.