If you’re living in Louisiana and thinking about writing a will, you’re already ahead of the game. Far too many people wait until it’s too late, or they assume their assets will simply “go to the right people” without needing a legal plan.
Writing a will in Louisiana doesn’t need to be complicated, but you do need to know how the law works. Louisiana has some unique legal traditions that set it apart. Understanding how they apply to your will could make a big difference in ensuring your wishes are honored.
What Makes Louisiana Different
Louisiana is the only state in the country that uses civil law, not common law. What that means in practice is that much of the state’s estate law comes from written statutes, not case law or judicial precedent. Some of the terms and rules you’ll run into aren’t what you’d see elsewhere.
One big example? The state uses a process called succession instead of what other states call probate. You’re still settling someone’s estate, but the terminology and some of the procedures are unique to Louisiana.
You Have Two Main Choices for a Will
In Louisiana, you can choose between two types of wills: an olographic testament or a notarial testament. That might sound intimidating, but the basic idea is simple.
An olographic testament is a handwritten will. You write the whole thing out by hand, date it, and sign it. No witnesses are required at the time you create it.
If you decide to go this route, make sure it’s 100% in your own handwriting. Typed text, even a little bit, could invalidate it (Louisiana Civil Code Article 1575).
A notarial testament is more formal but also more common. It’s typed and signed in the presence of a notary and two witnesses. You’ll declare that it’s your will and then sign each page.
The witnesses and the notary have to sign it too. This version is a bit more work up front, but is easier for your family to deal with later.
You Can’t Disinherit Everyone
Something else that sets Louisiana apart is forced heirship. If you have a child under 24, or a child of any age who cannot take care of themselves because of a mental or physical condition, that child is legally entitled to a share of your estate.
Community Property Adds Another Layer
If you’re married, you also need to think about community property. In Louisiana, most things you acquire during your marriage are considered jointly owned, even if they’re only titled in one name. That includes wages, real estate, and even retirement accounts if they were funded while you were married.
When you write a will, you can only control what happens to your share of community property. The other half belongs to your spouse and doesn’t pass through your estate.
If you have separate property, which is property you owned before marriage or inherited from someone else, you can leave that to whoever you want, subject to the rules on forced heirship.
Why Legal Guidance Makes a Difference
You might think all of this sounds straightforward, but these layers can cause real problems if they’re not handled correctly. Mistakes in wording, missing signatures, or a misunderstanding of who qualifies as a forced heir can turn a simple estate into a legal headache.
A licensed attorney who understands Louisiana’s civil law system can help you avoid those traps. They can make sure your will meets every legal requirement, respects community property laws, and accounts for forced heirship, all while reflecting your personal wishes.
They’ll also help you think through your specific family situation, which is especially important if you have stepchildren, a second marriage, or complex assets.
Succession Process
When someone passes away in Louisiana, their estate goes through succession. This process includes recognizing the will (if there is one), paying off debts, and transferring property to heirs.
For small estates valued under $125,000 and with no real estate, you might be able to use a simpler affidavit process. But if you have a home, investments, or business interests, a formal succession may be required.
Having a clear, properly executed will makes that process much smoother for the people you leave behind.
What Other Documents Should You Have?
Your will is only part of your estate plan. You should also think about what happens if you become incapacitated. That’s where other documents come in.
A durable power of attorney lets someone handle your financial matters if you can’t. That might include paying bills, managing accounts, or handling business decisions.
With a healthcare power of attorney, you can allow someone to make medical decisions for you if you’re unable to communicate with your doctors.
Finally, a living will gives written instructions about the kind of medical care you want if you’re terminally ill or in a permanent coma. It helps your loved ones avoid uncertainty about your wishes.
Start the Process Now!
In this post, we have provided an overview of the mechanics of using a will in Louisiana. This can be the right asset transfer vehicle for many people, but it is not the only option.
When you work with our firm, we will learn about your situation and apprise you of your options. You will be in a position to make informed decisions, and when you reach conclusions, we will help you create a plan that will bring your goals to fruition when the time comes.
To schedule a consultation at our Covington or Metairie, LA estate planning office, call us at 504-831-2348 or send us a message through our contact page.
- National Make-a-Will Month - August 1, 2026
- Dying Without a Will in Louisiana: Can Unexpected Heirs Inherit? - July 22, 2026
- Don’t Wait For A Crisis: Begin The Long-Term Care Talk With Parents Now! - July 20, 2026
