Art. 2853.Filing of Purported Testament

Someone can end up holding a document that looks like a testament without believing it is one, an old draft, a document they suspect was forged, or a will they think a later testament revoked. Article 2853 does not let that person sit on the document and decide, on their own, that it does not count.

Whoever has possession of a document purporting to be the deceased's testament has to bring it to the court, filing a petition asking that the document be placed in the record of the succession proceeding. That duty applies even when the holder believes the document is not a valid testament or has doubts about its validity, the belief or the doubt does not excuse filing it.

Article 2853 also protects the person who files. Presenting a purported testament to the court does not mean the presenter vouches for its authenticity or validity, and it does not stop that same person from later arguing the document is invalid. Someone can hand over a document they suspect is a forgery, satisfy the filing duty, and still contest it once the succession proceeds.

The rule keeps testaments, even doubtful ones, from disappearing into private hands rather than reaching the court record, where interested parties and the court can evaluate them.