If you’re creating a will in Louisiana, it’s important to understand that not all wills are valid.
Louisiana has very specific legal requirements for a notarial will, and missing even one detail can create serious problems later—sometimes invalidating the entire document.
Below is a clear breakdown of what makes a notarial will valid in Louisiana and what families need to know.
What Is a Notarial Will in Louisiana?
A notarial will is the most common type of will used in Louisiana.
It is a written will that must be:
- signed by the person creating the will (the testator)
- witnessed by two competent witnesses
- executed before a notary
Unlike other states, Louisiana has historically required strict compliance with these formalities. If the requirements are not followed correctly, the will can be challenged or deemed invalid.
Notarial Will Requirements in Louisiana
For a will to be valid as a notarial will in Louisiana, the following must be present:
1. The Will Must Be in Writing
The will must be written (typed or printed). Verbal wills are not valid in Louisiana.
2. The Testator Must Properly Sign the Will
The person creating the will must sign the document in accordance with Louisiana law.
Traditionally, this meant signing:
- at the end of the will
- and on each separate page
These requirements were strictly enforced, and even small errors could invalidate a will.
However, Louisiana law has recently changed (see update below), and courts now focus more on whether the will reflects the intent of the testator. Even so, proper execution is still critical.
3. Two Competent Witnesses Are Required
Two witnesses must be present at the time the will is signed.
They must:
- be competent individuals who can understand the nature of what is taking place
- be able to observe the signing of the will
- be capable of later confirming that the required formalities were followed
While Louisiana law focuses on competence rather than strict categories, using disinterested adult witnesses is generally recommended to reduce the risk of challenges later.
4. The Will Must Be Executed Before a Notary
A notary must be present along with the witnesses and complete the notarization.
This step is essential. Without proper notarization, the will may not be valid as a notarial will.
5. The Attestation Clause (Still Important in Practice)
A notarial will traditionally includes an attestation clause.
This is a statement signed by the notary and witnesses confirming that:
- the testator declared the document to be their will
- the will was signed in their presence
- all required legal formalities were followed
While recent law changes have relaxed some formal requirements, including the strict necessity of an attestation clause, it is still considered best practice and helps reduce the risk of challenges later.
Important Update: Louisiana Law Changed in 2025
Louisiana recently updated its will laws to make them less rigid and more focused on intent.
Under current law, a notarial will must still be executed before a notary and two witnesses.
👉 https://law.justia.com/codes/louisiana/civil-code/article-1576/
However, legislation effective August 1, 2025 relaxed several strict formal requirements—including eliminating the need to sign every page and removing the requirement for a formal attestation clause.
👉 https://www.billtrack50.com/billdetail/1879722
Historically, Louisiana required strict compliance with these formalities, and even small mistakes could invalidate a will.
👉 https://lawreview.law.lsu.edu/archives/3283
While the law is now more flexible, proper execution remains critical to ensure the will is enforceable and does not create issues during succession.
What Happens If a Notarial Will Is Not Done Correctly?
If a will does not meet Louisiana’s legal requirements, it may be:
- challenged in court
- partially invalid
- or completely disregarded
When that happens, the estate may be handled as if no valid will exists—meaning Louisiana law determines who inherits.
Learn what happens if you die without a will in Louisiana
Does a Notarial Will Avoid Probate in Louisiana?
No.
Even a valid notarial will must still go through succession (probate) in Louisiana.
The will provides instructions—but the court still needs to:
- validate the will
- appoint an executor
- and authorize the transfer of assets
Common Questions About Notarial Wills
Does a will avoid probate in Louisiana?
No.
Even a valid will must go through succession (probate) in Louisiana. The will provides instructions for how assets should be distributed, but the court must still validate the will, appoint the executor, and authorize the transfer of property.
Can a beneficiary be a witness to a will in Louisiana?
A beneficiary should generally not serve as a witness to a will.
While the law focuses on proper execution, using an interested party as a witness can create complications and increase the risk of challenges. In some cases, it may raise questions about undue influence or affect the enforceability of certain provisions.
As a best practice, witnesses should be disinterested individuals who do not benefit from the will.
How many witnesses are required for a will in Louisiana?
A notarial will in Louisiana requires two witnesses, along with a notary.
All parties must be present during the signing, and the proper formalities must be followed to ensure the will is valid.
What happens if a will is signed incorrectly in Louisiana?
If a will is not executed according to Louisiana law, it may be challenged or declared invalid.
When that happens, the estate may be treated as if no valid will exists, meaning Louisiana law determines who inherits. This can lead to outcomes that do not reflect the person’s wishes and may create additional complications for the family.
Do all wills in Louisiana have to be notarized?
For a notarial will—the most common type of will in Louisiana—yes.
It must be executed before a notary and two witnesses. Without proper notarization, the will may not be valid as a notarial will.
Can I write my own will in Louisiana?
While it is possible to create your own will, doing so carries significant risk.
Louisiana has strict legal requirements, and even small mistakes in wording, execution, or formatting can lead to challenges or invalidation. Many families only discover these issues after it is too late to fix them.
What is the difference between a will and a trust in Louisiana?
A will directs how your assets are distributed, but it must go through succession.
A trust, on the other hand, can allow assets to pass outside of the court process if it is properly set up and funded. The right choice depends on your goals, your assets, and how you want things handled for your family.
Learn more about revocable living trusts in Louisiana
Why Proper Estate Planning Matters
Many families assume creating a will is enough—but in Louisiana, the details matter.
A properly prepared estate plan ensures:
- your wishes are clearly documented
- your family avoids unnecessary complications
- and your plan actually works when it’s needed
For many families, this also includes considering whether a revocable living trust in Louisiana may be appropriate as part of a broader plan.
When Should You Speak With an Estate Planning Attorney?
If you are creating or updating a will, it’s important to make sure everything is done correctly under Louisiana law.
Working with an attorney helps ensure:
- the will is properly executed
- the language is correct
- and your overall plan is coordinated
Start here: Estate Planning Attorney in Metairie
Ready to Create a Valid Will in Louisiana?
If you want to make sure your will is done correctly and your family is protected, we’re here to help.
📍 Offices in Metairie and Covington
📞 Call (504) 831-2348 to schedule your consultation
- 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
