What Happens if I Cannot Find a Will After a Person Dies?
In Louisiana, if a person dies without a will, they die intestate, and the distribution of his/her assets at the time of death are determined by law. If you believe the decedent died with a will, but you just cannot immediately locate the will, you should:
1) Inspect the residence of the decedent. Although it is not always advisable, the most common place people keep important records, like their will, is in a filing cabinet or drawer in their residence.
2) Contact the decedent’s lawyer. If the decedent used a lawyer to draft his/her will, the lawyer probably retained a copy of the will.
3) If you have access to safety deposit box owned by the decedent, check the safety deposit box. Many times, lawyers will advise their clients to keep a copy of the will in a safe place like a safety deposit box.
4) If you still cannot locate the will, and you are certain that the decedent had a will, you can petition the court to search for the will. The court will appoint a notary of the parish to search for the will, and the court will order any person having possession of any books, papers, documents, safety deposit vaults, or other storage location belonging to the decedent to permit the notary to inspect the items to attempt to locate a valid will.
