Last Will And Testament requirements in Louisiana
- You must be at least 18 years old and of sound mind to make a will in Louisiana.
- Your will must be in writing (typed or handwritten) and signed by you at the end.
- Louisiana requires a notary to be present, and your will must be acknowledged before a notary.
- You need two competent witnesses who sign in the presence of each other and in your presence.
- For a nuncupative (oral) will, special rules apply, but it's rarely recommended; always use a written will.
- You cannot disinherit your children entirely; Louisiana law provides 'forced heirship' protections.
How to create a Last Will And Testament in Louisiana
- List your assets and decide who should inherit them. Consider naming an executor to manage your estate.
- Draft your will, either using a trusted template or with the help of an attorney. Ensure it states your name, revokes prior wills, and outlines your bequests.
- Gather two competent witnesses and a notary. In Louisiana, your will must be notarized to be valid.
- Sign your will in the presence of your witnesses and notary, who must also sign.
- Store your original will in a safe place and tell your executor where it is. You can also file it with the court in some parishes, but this is not required.
- Review and update your will after major life events like marriage, divorce, or the birth of a child.
What a Last Will And Testament typically costs
The cost of creating a last will and testament in Louisiana varies. Using an online will template can cost $50 to $200, while hiring an attorney typically ranges from $300 to $1,000. Notary fees are modest, often around $10 to $25, but may be higher depending on the parish.
Start your last will and testament today to secure peace of mind for you and your loved ones.
Create your last will and testamentLouisiana Will Checklist: Before You Begin
Drafting a valid will in Louisiana requires careful preparation and adherence to state-specific formalities. Use this checklist to gather documents and understand key requirements before you start.
- Identify all assets and debts, including real estate, bank accounts, retirement accounts, life insurance, and personal property, along with current beneficiary designations.
- Determine your wishes for dependents, including guardianship for minor children and provisions for pets, as Louisiana law has specific rules on forced heirship.
- Review Louisiana's notarization and witness requirements: a valid will generally must be in writing, signed by you, and either notarized or signed by two witnesses (or both, depending on the type of will).
- Consider consulting a Louisiana attorney to ensure your will complies with unique state laws, such as community property rules and the legal reserve (forced heirship) for certain descendants.
- Decide on the executor (called 'succession representative' in Louisiana) and alternate, and discuss their role and duties with them beforehand.
- Prepare detailed information for your chosen executor, including contact details, a list of important documents (deeds, titles, insurance policies), and any specific instructions for your funeral or burial.
Frequently asked questions
What makes a will valid in Louisiana?
You must be 18 or older, of sound mind, and your will must be in writing. It must be signed by you and two witnesses, and you must acknowledge it before a notary. If these formalities are not met, the will may be invalid.
Can I write a will without an attorney?
Yes, you can use a will template or write your own. However, because Louisiana has unique laws such as forced heirship, it's wise to consult an attorney to ensure your will is valid and aligns with your wishes.
What is a living will?
A living will is a separate document from a last will and testament. It states your preferences for medical treatments if you become unable to communicate. A living will does not deal with property distribution.
What happens if I die without a will in Louisiana?
If you die intestate (without a will), Louisiana's intestacy laws determine how your property is distributed, generally to your closest relatives. This may not match your wishes, so having a will is important.