We Found a Will. What Are We Supposed to Do With It?

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Last Modified on Oct 05, 2026

Finding a will is an important step, but it is not the end of a Louisiana succession. The will may identify who should receive property and who should serve as executor. Someone still needs to determine whether it is valid, whether it must be probated, and what property the deceased person actually owned.

Protect the original document

Keep the original will flat, dry, and secure. Do not remove staples, write on it, or mark out language you think is outdated. Make a copy for review while preserving the original. If you found several wills or amendments, keep all of them and note where each was found. Do not assume that the newest-looking paper automatically controls.

If you have only a photocopy, do not throw it away. A missing original can raise a separate legal question. Our article on probating a copy of a missing will explains that issue.

Identify the people and property involved

Read the will for the named executor, beneficiaries, and any specific gifts. Then gather the death certificate, deeds, account statements, and names of the spouse and children. An executor named in the will is not automatically authorized to act for every institution. In a court administration, the person may need to qualify and receive the proper court documents.

Code of Civil Procedure article 2851 addresses petitioning a court to probate a testament. A qualifying small succession may have a narrower affidavit route, but that depends on the property and the required agreement. Do not assume that every will requires the same court process or that a will alone clears title to a house.

Do not decide a dispute by hiding the will

If you doubt the will’s validity, preserve it and get advice before distributing property. Questions about signatures, capacity, or a later will need legal analysis. Our article on what to do with a will you think is invalid addresses that concern.

Keep the full document history

Dates alone do not decide which will governs. A later document may amend only part of an earlier will, revoke it, or fail to operate as a valid testament. Keep the earlier wills, amendments, and any revocation documents together. Likewise, naming an executor is an instruction about who should serve; qualification and the required court documents establish authority when administration is necessary.

Field Law can review the document and the estate, explain whether probate or an affidavit is available, and identify the next steps for the named executor and family. Request a free consultation and bring the will, or a copy if the original is missing.

Page updated 10/05/26. Attorney information: Morgan Field, Managing Attorney. This page provides general information and does not create an attorney-client relationship.

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