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Aug 27, 2026
Yes. If you find a will and think it is invalid, Louisiana law generally requires you to file it.
Louisiana Code of Civil Procedure Article 2853 applies when someone possesses a document that appears to be the testament of a deceased person. The person must present the document to the court even if they doubt its validity or believe it is not the decedent’s true will.
Filing the Will Does Not Mean You Accept It
Presenting the document does not mean that you believe it is authentic or valid. Article 2853 expressly allows the person who files the document to challenge it.
This distinction matters. Filing places the purported will in the succession record. It does not necessarily mean the court has probated the will or decided that the document controls the estate.
A person who finds a suspicious will should not destroy it, hide it, or privately decide that the estate should proceed as though no will exists.
Why Louisiana Requires the Will to Be Filed
Families sometimes find more than one testamentary document. They may also find a will that appears incomplete, improperly signed, altered, or replaced by a later document.
Article 2853 prevents one person from deciding privately which documents the court and other interested parties may see. Filing the document preserves the evidence and allows the court to determine what legal effect it should receive.
If the family cannot locate the testament, Article 2854 allows a petitioner to ask the court to direct a notary to search for it. That search may include papers, files, a bank box, a safe-deposit vault, or another place likely to contain the will.
Filing and Probating Are Different Steps
Filing a purported will under Article 2853 does not automatically establish its validity. An interested person may oppose probate and state the grounds for challenging the document.
Under Article 2901, an objection prevents ex parte probate and requires a contradictory trial. Article 2902 requires the opposition to identify the grounds of invalidity.
If the court has already probated the will, an interested person generally must bring a direct action to annul it in the succession proceeding under Article 2931.
Questions about signatures, testamentary capacity, undue influence, revocation, and compliance with Louisiana’s formal requirements belong in that court process. Our article on when a Louisiana will may be invalidated explains those grounds in more detail.
Do Not Delay After Finding a Will
Louisiana law provides a five-year period to probate a purported testament after the judicial opening of the succession. Louisiana Revised Statutes 9:5643.
That rule does not give someone permission to hold or conceal the document for five years. Article 2853 still requires the person who possesses the purported testament to present it for filing.
A suspicious will should usually be filed, preserved, and addressed through the proper legal procedure. If your family found a document that may be a will but may also be vulnerable to challenge, contact Field Law. We can help you comply with the filing requirement, preserve your objections, and determine whether probate or succession litigation should come next.
Field Law Can Help
A suspicious will should be filed and addressed through the proper legal process—not hidden, destroyed, or ignored. If your family has found a document that may be a will but may also be invalid, contact Field Law. We can help you comply with the filing requirement, preserve any objections to the document, and determine whether probate or succession litigation should come next.
