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The notary has a copy of the testator’s will.If the notary does not have the original will, some courts will accept an affidavit from the notary if the affidavit states that: Often, this is done by submitting an affidavit of someone who had personal knowledge that the original will existed, and it was lost or destroyed after death by an event such as a fire, hurricane, or theft.Īdditionally, even though the attorney should have asked the notary who signed the testator’s will to look for it, Louisiana law also requires the attorney to ask the court to direct a notary of the parish to search for the original will. Specifically, you will need to prove that a diligent search was made to find the original will, and even though it could not be found, the testator never revoked it. That the original will was never revoked.The contents of the will must be clearly established. The will must be legally valid in the state of Louisiana. The testator made a properly executed will.Instead, a copy of the will can only be submitted to the court instead of an original will if the person submitting it can prove: A copy of the will is not enough to undo this presumption. If the attorney’s search ends without an original copy of the will to present to the court, there is a legal presumption that the original will was destroyed and that the testator intended to revoke it. However, many of these searches will end without an original will. Parish to see if the will was filed with the clerk of the court or in the notarial archives.Louisiana Secretary of State’s Office to see if the testator registered the will in the state’s central registry of wills.Notary to see if the notary has the original will.An attorney may try to find the original notarial will by contacting the: When an original notarial will cannot be immediately located, the first step is to have an attorney try to locate it. But what happens if you are confident that a will was made, but you can’t find it? Without the original will, you will need the help of an experienced Louisiana succession lawyer to make sure that your loved one’s wishes are honored and that the beneficiaries are protected. Wills are a way for people to protect their loved ones, and without a properly executed will, property passes through Louisiana’s intestacy laws, and the person who died doesn’t have a say in property distribution.Īfter the testator (the person who created the will) dies, an original will must be filed in court before any property can be distributed. People create wills, so they can direct what happens to their property after they die.
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