If the notary finds any document which purports to be a testament of the deceased, he shall take possession of it, and produce it in court with his written return to the order directing the search. The original petitioner, or any other interested person, may petition for the probate of the testament so produced. If the search is unsuccessful, despite diligent effort, the notary shall make his written return to this effect to the court.
Art. 2855.Return to Order to 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 2855 requires the notary conducting a court-ordered search to take possession of any document found purporting to be the deceased's testament and produce it in court with a written return, or, if the diligent search fails, to report that failure to the court in writing.
Full Text of Art. 2855
Plain-English Summary
Article 2855 covers what happens once the notary's search under Article 2854 wraps up, and it has two outcomes: the notary finds something, or the notary comes up empty.
If the notary finds a document purporting to be the deceased's testament, the notary takes possession of it and produces it in court along with a written return describing the search and its result. From there, the original petitioner, or any other interested person, can petition for the probate of the testament the notary produced.
If the search turns up nothing despite diligent effort, the notary makes a written return to that effect instead, telling the court the testament could not be located. That written record closes the loop on the search, whether or not it succeeded, and gives interested parties a documented basis for whatever comes next, probating a testament that was found, or proceeding on the assumption that the deceased died intestate if the search failed.
Frequently Asked Questions
What does the notary do if the search turns up a document?
Under Article 2855, the notary takes possession of it and produces it in court along with a written return describing the search.
Who can petition for probate once the notary produces the testament?
The original petitioner or any other interested person may petition for the probate of the testament the notary produced.
What happens if the notary can't find a testament?
If the search was diligent but unsuccessful, the notary files a written return to that effect, reporting the failure to the court.
Does an unsuccessful search mean the deceased definitely died intestate?
Not by itself. It documents that a diligent search failed to locate a testament, which can support treating the succession as intestate, but a testament could still surface later within the time limits Article 2893 allows.
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
Also known as: notary return search for will LouisianaArticle 2855 Louisianatestament found by notary searchunsuccessful search for missing willproducing testament found during search