Court Safekeeping of Original Wills in Louisiana
At a glance
| Statutory safekeeping route | Optional registration of will-location information with secretary of state; separate postdeath court filing (R.S. 9:2446; C.C.P. art. 2853). |
|---|---|
| Who may deposit | Testator or attorney authorized by testator registers information; postdeath holder presents purported testament (R.S. 9:2446; art. 2853). |
| Proper court or clerk | Secretary of state for information; court for a purported testament after death (R.S. 9:2446; art. 2853). |
| Envelope and filing record | Registry records identifying and safekeeping-location information; postdeath petition asks to file document in succession record (R.S. 9:2446; art. 2853). |
| Fee and receipt | $10 for registering or furnishing will information; cited provisions state no receipt for an original-will deposit (R.S. 49:222(B)(9)). |
| Custody before death | Registered information held in strict confidence until death; R.S. 9:2446 does not place the will in registry custody. |
| Retrieval before death | Cited information-registry provision sets no original-will withdrawal procedure (R.S. 9:2446). |
| Notice after death | Registry information available on death certificate, death-and-heirship affidavit, or other satisfactory death evidence (R.S. 9:2446). |
| Opening and release after death | Holder presents purported testament to court with filing petition, even if validity is doubted (C.C.P. art. 2853). |
Requirements one by one
Registration and who may use it
Under § 9:2446, a testator or an attorney authorized by the testator may register information about the execution of a will with the secretary of state. The statute limits the registry's contents to identifying details and the intended safekeeping location, or the contact details of a person who knows that location. It describes a way to find the will, rather than delivery of the original to the registry.
Confidentiality, fee, and access after death
The secretary of state keeps the information in “strictest confidence” during the testator's life (§ 9:2446). After death, a person may obtain it by presenting a death certificate, an affidavit of death and heirship, or other satisfactory death evidence. R.S. § 9:2447 points to the secretary of state's fee schedule, and § 49:222(B)(9) sets a $10 fee for registering information or furnishing it.
Presenting a testament after death
Code of Civil Procedure art. 2853(A) requires a person holding a document purporting to be a deceased person's testament to present it to the court with a petition asking that it be filed in the succession record. This applies even when the holder doubts that it is valid.
What trips people up
The § 9:2446 registry records where a will is intended to be kept; the fee under § 49:222(B)(9) is for information. A registry entry is not the court filing required of a person holding a purported testament after death under art. 2853.
Common questions
Does presenting a questionable testament endorse it? No. Art. 2853(B) says the presenter does not vouch for its authenticity or validity and may still assert that it is invalid.
Can someone see the registry entry while the testator lives? Section 9:2446 requires strict confidentiality until the testator's death. It then requires satisfactory evidence of death before information is furnished.
Statutes and sources
- La. R.S. §§ 9:2446-2447 and 49:222(B)(9), and La. Code Civ. Proc. art. 2853: current official text, quoted with source URLs and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
What does Louisiana law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Louisiana law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace