State requirements
Making a will in Louisiana
Louisiana requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Required
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Louisiana has unique civil law-based requirements different from all other US states. Louisiana has forced heirship (similar to European civil law). Louisiana is a community property state. Louisiana recognizes olographic (holographic) wills but with specific requirements.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | La. C.C. Art. 1477 | 16+ and of sound mind |
| Notarial Testament | La. C.C. Art. 1577 | Notary + 2 witnesses |
| Olographic Testament | La. C.C. Art. 1575 | Entirely handwritten, dated, signed |
| Forced Heirship | La. C.C. Art. 1493 | Children under 24 or disabled |
| Community Property | La. C.C. Art. 2325 | Marital property rules |
Execution Requirements
Louisiana Will Types
NOTARIAL TESTAMENT (MOST COMMON):
✓ In writing
✓ Signed by testator at end and on each page
✓ Declared by testator to be their testament
✓ Executed before notary
✓ Signed by 2 competent witnesses
✓ Notary reads will aloud or testator reads it
✓ All sign at end in presence of each other
OLOGRAPHIC (HOLOGRAPHIC) TESTAMENT:
✓ Entirely written, dated, and signed by testator's hand
✓ Date must include day, month, and year
✓ NO witnesses required
✓ NO notary required
⚠️ Must be entirely in testator's handwriting - no typed portions
STATUTORY TESTAMENT (LESS COMMON):
- For those who cannot read
- Requires notary to read aloud
- 2 witnesses sign
Forced Heirship (CRITICAL)
Louisiana's Unique Forced Heirship
LOUISIANA FORCED HEIRSHIP:
⚠️ CANNOT completely disinherit certain children
FORCED HEIRS:
- Children 23 years or younger at testator's death
- Children of any age who are permanently incapable of caring for themselves
due to mental or physical incapacity
FORCED PORTION (LEGITIME):
- 1 forced heir: 25% of estate
- 2+ forced heirs: 50% of estate (divided equally)
DISPOSABLE PORTION:
- Testator can freely dispose of remaining portion
- 1 forced heir: 75% freely disposable
- 2+ forced heirs: 50% freely disposable
DISINHERITANCE GROUNDS (LIMITED):
Only for just cause under La. C.C. Art. 1621:
- Child raised hand to strike parent
- Child guilty of cruelty, crime, or grievous injury to parent
- Child attempted to take parent's life
- Other limited grounds
Community Property State
Louisiana Community Property Rules
LOUISIANA COMMUNITY PROPERTY:
- Property acquired during marriage is community property
- Each spouse owns 50% of community property
- Separate property: owned before marriage, inherited, donated
- Testator can only dispose of their 50% share of community
USUFRUCT:
- Surviving spouse may have usufruct over decedent's community property
- Terminates on death or remarriage
Self-Proving
Louisiana notarial testaments are automatically self-proving if properly executed.
Louisiana Attestation Clause (Notarial Testament)
LOUISIANA NOTARIAL TESTAMENT ATTESTATION:
Signed on each separate page, and declared and signed at the end by the
Testator, and at the end signed by each of the undersigned witnesses, all
in the presence of each other and the Notary, on this _____ day of
_____________, 20___, at _____________, Louisiana.
_________________________
Testator
_________________________ _________________________
Witness 1 Witness 2
_________________________
Notary Public, State of Louisiana
Notary ID: _______________
Common Louisiana Mistakes
1. Ignoring Forced Heirship
❌ Attempting to completely disinherit minor or disabled children ✅ Account for forced heirship - only dispose of disposable portion
2. Olographic Will Not Entirely Handwritten
❌ Using printed form with handwritten insertions ✅ Olographic will must be ENTIRELY in testator's handwriting
3. Missing Date on Olographic Will
❌ Undated or partially dated holographic will ✅ Must include complete date (day, month, year)
4. Not Following Notarial Formalities
❌ Skipping page signatures or notary reading ✅ Follow all notarial testament requirements exactly
Checklist for Louisiana Wills
Notarial Testament
- •[ ] Testator is 16+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed at end AND on each page
- •[ ] Testator declared to notary this is their testament
- •[ ] Notary present throughout
- •[ ] 2 competent witnesses present
- •[ ] Will read aloud by notary or testator
- •[ ] All parties signed at end in presence of each other
- •[ ] Forced heirship requirements met
Olographic Testament
- •[ ] Testator is 16+ and of sound mind
- •[ ] Entirely in testator's handwriting
- •[ ] Complete date (day, month, year) in testator's handwriting
- •[ ] Signed by testator
- •[ ] Forced heirship requirements met
Content
- •[ ] Forced heirs identified and provided for
- •[ ] Only disposing of disposable portion + own share of community property
- •[ ] Community vs. separate property properly identified
- •[ ] Executor named with Independent Administration clause
Louisiana will questions, answered
Can I make a will online in Louisiana?
Yes. Louisiana does not require a lawyer to draft a will. A will created online is valid in Louisiana when it is properly executed — in writing, signed by a testator aged 16+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Louisiana?
Louisiana requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Louisiana require a will to be notarized?
Yes — Louisiana requires notarization as part of will execution. Follow the signing instructions included with your document.
Are handwritten (holographic) wills valid in Louisiana?
Yes, Louisiana recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Louisiana?
A valid Louisiana will is in writing, made by a person aged 16+ of sound mind, signed by the testator, and attested by 2 adult witnesses. Note: Louisiana uses civil law.
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Start my will — $29This page is general information about Louisiana law, not legal advice. Statutes change — verify current requirements or consult a licensed Louisiana attorney for complex situations.