This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.
Louisiana USLegal Pamphlet on Lost Wills
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In order to satisfy legal requirements in Louisiana, a will must be signed by two (2) witnesses who have attested the testator's signature. In addition, a will must be notarized by a state-authorized individual and registered with the Secretary of State's Office.
For notarial Wills, Louisiana law requires that each page of the Last Will and Testament must be signed by the testator and that a valid attestation clause appear at the end of the Last Will and Testament and that it be properly executed before a notary and two witnesses.
Louisiana law specifically allows someone to draft their own will; this type of will is called an olographic will. To be valid, an olographic will must be entirely written, signed and dated in the testator's handwriting.
A will must be probated in Louisiana to verify that it is valid. The will must be filed with the court in the parish where the deceased person lived before the succession process can begin. The job of the court is to ensure the wishes of the decedent are honored as stated in the will.
The registry is strictly confidential until the death of the testator. Upon the death of the testator, a copy can be provided to anyone who presents a death certificate, affidavit of death and heirship or other satisfactory evidence of the testator's death.
Louisiana case law has shown that the formal requirements for a Louisiana Last Will and Testament are strictly enforced. Even if it is clear that the person intended someone to receive property at death, the document will not be valid if it is not in a proper Louisiana Last Will and Testament form.
Proving the Existence of Missing Wills Louisiana Secretary of State's Office to see if the testator registered the will in the state's central registry of wills. Parish to see if the will was filed with the clerk of the court or in the notarial archives.
Louisiana law requires that the original Last Will and Testament, not a copy, be used for probate. If the original Last Will and Testament cannot be found, there is a presumption under the law that the decedent destroyed and revoked the Testament before their death.
A notarial Will, as the name suggests, must be notarized. Every Will must be acknowledged before a notary public by the testator and the witnesses (Civil Code, Art. 806). The notary public is not required to retain a copy of the Will or file it with the Office of the Clerk of Court.
If so, do they need to be witnessed and notarized? A: Handwritten wills are perfectly legal in Louisiana. The only purpose behind them is so someone does not have to go to a notary and have witnesses. It just has to be hand written, signed, and dated.
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