If the testament is not in the possession of the petitioner, he shall pray that the court direct that a search be made for the testament by a notary of the parish. In its order directing the search, the court may order any person having in his possession or under his control any books, papers, or documents of the deceased, or any bank box, safety deposit vault, or other receptacle likely to contain the testament of the deceased, to permit the examination of the books, papers, and documents, and of the contents of the bank box, safety deposit vault, or other receptacle, by the notary.
Art. 2854.Search For Testament
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 3. Probate and Registry of Testaments · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2854 lets a petitioner who does not have the testament ask the court to order a parish notary to search for it, and lets the court compel anyone holding the deceased's papers, a bank box, or another likely receptacle to allow the notary to examine its contents.
Full Text of Art. 2854
Plain-English Summary
Not every petitioner for probate knows exactly where a testament is, or even whether one exists. Article 2854 gives that petitioner a way to look: ask the court to order a search, carried out by a notary of the parish, rather than leaving the petitioner to track down the document alone.
Once the court issues that order, it can reach beyond the petitioner's own knowledge. The order can direct any person holding books, papers, or documents belonging to the deceased, or controlling a bank box, a safety deposit vault, or another receptacle likely to contain the testament, to let the notary examine those materials. A bank or a relative holding the deceased's papers cannot refuse the notary's examination once the court has ordered it.
This gives the notary real access to wherever a testament might reasonably be, rather than depending on the goodwill of whoever happens to be holding the deceased's records. Article 2855 then describes what happens once the search concludes, whether it turns up a document or not.
Frequently Asked Questions
What can I do if I believe a testament exists but don't know where it is?
Article 2854 lets you petition the court to order a notary of the parish to search for it.
Can a bank refuse to let a notary look inside the deceased's safety deposit box?
Not once the court has issued a search order under Article 2854, which can direct anyone holding the deceased's papers or controlling a bank box or similar receptacle to permit the notary's examination.
Who conducts the search for a missing testament in Louisiana?
A notary of the parish, appointed under a court order obtained through the petition described in Article 2854.
What happens after the notary finishes searching?
The notary makes a written return to the court under Article 2855, reporting either that a document purporting to be the testament was found or that the search was unsuccessful despite diligent effort.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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