State requirements
Making a will in Louisiana
Louisiana lists 2 witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
Check availability before sharing your details. No payment during the questionnaire.
This is an AI-generated draft for review. It is not legal advice.
Witnesses
2 witnesses
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. 1576 | 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
Source correction, 9 September 2026: Article 1577 was repealed in 2025. Current article 1576 describes a written, dated notarial testament executed before a notary in the presence of two witnesses, with the required signatures. It also addresses inability to sign and placement of the signature and date. Read the full provision and related rules before execution.
Old instructions that every notarial testament must be read aloud or signed at the end and on every page are not a reliable statement of the current execution provision. Probate proof is a separate question; see the current Code of Civil Procedure article 2891. This correction is not approval of a generation package.
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
Probate Proof and Attestation
Use current Code of Civil Procedure article 2891 to distinguish execution from proof. The previous universal self-proving statement and old sample attestation have been removed pending local review. Do not reuse a historical template as an approved signing form.
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
Check current execution and probate-proof rules separately; the old article 1577 checklist is obsolete.
Checklist for Louisiana Wills
Notarial Testament
- •[ ] Confirm the current article 1576 requirements and applicable related rules with a local professional
- •[ ] Distinguish execution requirements from article 2891 probate-proof conditions
- •[ ] Review capacity, witness eligibility, forced heirship and property ownership separately
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?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Louisiana requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Louisiana?
Louisiana requires 2 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?
Louisiana sets out what happens at signing: the will is in writing, the person making it is 16 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary takes part in Louisiana signings too. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Louisiana source above and get local help for your circumstances. Note: Louisiana uses civil law.
Keep reading
All guides →Your Louisiana wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Louisiana law, not legal advice. Statutes change — verify current requirements or consult a licensed Louisiana attorney for complex situations.