Louisiana calls a will a testament and, as a civil law state, recognizes two main forms: a notarial testament signed before a notary and two witnesses under La. Civ. Code art. 1577, or an olographic testament entirely handwritten, dated, and signed by you under La. Civ. Code art. 1575.
Key Takeaways
- Louisiana is the only U.S. state governed by civil law rather than common law, and its rules for testaments reflect that.
- A notarial testament requires a notary and two competent witnesses, all present together for the entire signing.
- An olographic testament needs no notary or witnesses at all, as long as it is entirely handwritten, dated, and signed by you.
- Louisiana's forced heirship rules can limit how much control you have to disinherit certain children, unlike most other states.
What are the basic requirements to make a valid will in Louisiana?
Under La. Civ. Code art. 1577, a notarial testament requires that in the presence of a notary and two competent witnesses, you declare or signify that the instrument is your testament, then sign your name at the end and on each separate page. The notary and witnesses then sign a specific attestation clause in your presence and in the presence of each other. Everyone involved must remain in the room together from start to finish. If anyone leaves before the last signature is complete, the testament is treated as an absolute nullity.
That single-room, no-one-leaves rule is stricter than what most states require and is where DIY Louisiana testaments most often fail.
Step-by-step: how do you make a notarial testament in Louisiana?
- List your assets, debts, and the people or organizations you want to name as legatees.
- Choose an executor, called a testamentary executor in Louisiana, and a tutor if you have minor children.
- Draft the testament naming your executor, tutor, and legatees, accounting for Louisiana's forced heirship rules if they apply to your family.
- Arrange for a notary and two competent witnesses to be present together for the entire signing.
- Declare to the notary and witnesses that the document is your testament.
- Sign your name at the end of the testament and on every separate page.
- Have the notary and both witnesses sign the required attestation clause in your presence and in each other's presence, without anyone leaving the room until the last signature is made.
Because Louisiana's civil law procedure is more particular than most states, FastWill's will package is built to help you organize the information a Louisiana notarial testament needs before you sit down with a notary.
Does Louisiana recognize handwritten (olographic) testaments?
Yes. Under La. Civ. Code art. 1575, an olographic testament is one entirely written, dated, and signed in your own handwriting, and it is subject to no other formal requirement. The signature can appear anywhere in the document as long as it identifies you and shows your intent to adopt the document as your testament, and the date can appear anywhere as long as it resolves any relevant dispute about timing. No notary and no witnesses are required at all. Even so, an olographic testament still has to be authenticated in court after your death, which means proving the handwriting is genuinely yours. A notarial testament, once properly executed, avoids that extra proof step entirely.
How does Louisiana's forced heirship rule affect your testament?
Louisiana is the only state that still enforces forced heirship for certain descendants. Under La. Civ. Code art. 1493, forced heirs are first-degree descendants who are 23 years of age or younger at the time of your death, or first-degree descendants of any age who are permanently incapable of taking care of themselves or administering their own estates because of a mental incapacity or physical infirmity. These forced heirs are entitled to a portion of your estate regardless of what your testament says, unless you have a specific, legally valid reason to disinherit them. If any of your children could qualify as a forced heir, do not rely on a generic testament template. This is exactly the kind of state-specific wrinkle worth a conversation with a Louisiana estate planning attorney before you finalize anything.
DIY testament vs. hiring a lawyer in Louisiana
A simple Louisiana estate without forced heirs, meaning a home, some savings, and ordinary personal property, can often be handled with a properly executed olographic or notarial testament without a custom attorney drafting session. Because Louisiana's civil law rules differ so much from the rest of the country, and because forced heirship can override your stated wishes, you should talk to an estate planning attorney if you have a blended family, own a business, hold property outside Louisiana, or have a child who may qualify as a forced heir. See our Louisiana estate planning overview and Louisiana estate planning checklist for what else your plan should cover, along with our guide to making a power of attorney in Louisiana.
How do you update or revoke a testament in Louisiana?
You can revoke a Louisiana testament by executing a new one that expressly revokes prior testaments, by a written declaration of revocation executed with testamentary formalities, or by physically destroying the testament with the intent to revoke it. For an olographic testament, additions and deletions made after execution can be given effect if made entirely in your own handwriting, without needing to meet the full formalities of execution or revocation. For a notarial testament, do not handwrite changes onto the signed document. Execute a new testament or a properly formalized codicil that meets the same notarial requirements instead.
Frequently Asked Questions
Do I need a notary to make a will in Louisiana?
Only for a notarial testament. An olographic testament, entirely handwritten, dated, and signed by you under La. Civ. Code art. 1575, needs no notary or witnesses at all.
Can a beneficiary act as a witness to a Louisiana notarial testament?
It is best to avoid it. Using an interested witness invites a challenge and can complicate the authentication of the testament after your death. Choose witnesses with nothing to gain under the document.
Is a will made in another state valid once I move to Louisiana?
Generally yes, if it was validly executed under the law of the state where it was signed or where you were domiciled at the time, though Louisiana's forced heirship rules can still apply to Louisiana-situated property regardless of where the will was made. Have it reviewed by a Louisiana attorney after your move.
What happens if I die without a testament in Louisiana?
Louisiana's intestacy rules decide who inherits, and they interact with community property and forced heirship in ways that differ significantly from other states. See our guide on what happens if you die without a will in Louisiana for the full breakdown.
Can I disinherit a child in Louisiana?
Only under specific, legally recognized grounds if that child qualifies as a forced heir. Outside forced heirship, you generally have more flexibility, but this is an area where a Louisiana attorney's review is worth the cost.
Ready to organize your Louisiana estate plan before you sit down with a notary? Start with FastWill's will package, and see our general guide to writing your own will for concepts that apply nationwide, keeping in mind Louisiana's civil law rules take priority here.
