Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Locating the Original Will
In Louisiana, a decedent’s original will often resides with the testator’s attorney, in a safe-deposit box, or among personal papers. If you cannot find the original, look for a court-filed copy or a certified copy in the clerk of court’s records in the parish where the decedent was domiciled at death.
2. Requesting a Filed Copy from the Clerk
If the original was previously probated or filed, you can request a certified copy from the Clerk of Court’s office. Provide the decedent’s full name, date of death (if known), and parish of domicile. Clerks typically charge a statutory fee per page or for certification. Louisiana Code of Civil Procedure art. 3212 requires the clerk to certify filed wills. See statute: La. C.C.P. art. 3212.
3. Submitting an Original Will to Open a Succession
To begin probate (succession) administration, file a petition with the succession court in the decedent’s domicile parish. Attach the original will or the certified copy. Louisiana Code of Civil Procedure art. 3211 governs petition requirements. See: La. C.C.P. art. 3211.
4. When the Original Will Is Lost
If the original will cannot be located, Louisiana Code of Civil Procedure art. 3244 authorizes probate of a copy if you prove the original was duly executed and lost without intent to revoke. You must file an affidavit explaining the loss and two disinterested witnesses to attest to its execution. See: La. C.C.P. art. 3244.
5. Timing and Service
Louisiana law does not set a strict deadline to open a succession, but delaying may affect rights of heirs and creditors. After filing, you must notify all heirs and legatees according to La. C.C.P. art. 3215 (art. 3215).
Helpful Hints
- Check the safe-deposit box inventory for will storage.
- Contact the decedent’s last attorney for the original will.
- Keep certified copies to avoid handling the original.
- Pay required clerk fees to prevent filing delays.
- File lost-will affidavits promptly to reduce challenges.
- Serve notices to all potential heirs to protect their rights.