Will And Trust Maker Blog

The Louisiana Will Guide That Actually Makes Sense

Here’s something most Louisiana residents don’t realize: estate laws in the Pelican State are unique compared to the rest of the country. Louisiana follows a different legal system based on French civil law, which means creating a will here has some special requirements you won’t find elsewhere.

Without a will, Louisiana’s laws decide who gets your stuff. And state bureaucrats don’t know that you wanted your French Quarter property to go to your music-loving son, not your daughter who thinks jazz is “just noise.”

Creating a will puts you in control and gives your family clarity instead of leaving them to navigate Louisiana’s unique legal system.

Louisiana Will Laws (What You Need to Know)

Louisiana’s estate laws are unique in the United States because they’re based on civil law rather than common law. This means Louisiana has different requirements and terminology than other states.

Louisiana’s will requirements come from the Louisiana Civil Code, Title II, Chapter 2 (Of Donations Inter Vivos and Mortis Causa), with specific execution requirements outlined in Civil Code Articles 1577-1580.

The Pelican State allows online will creation but hasn’t adopted electronic will legislation, so you must print your online-created will and sign it with wet ink.

This means Louisiana residents have fewer modern options than people in states that have embraced electronic wills.

What This Actually Costs

Here’s the honest money breakdown:

  • Traditional attorney route: $300 to $1,000+ (varies by attorney and complexity)
  • Online platforms: Around $200 for individuals, $300 for couples
  • DIY approach: Cheapest upfront, risky if you mess up Louisiana’s unique requirements

Most people with straightforward situations don’t need expensive attorneys unless they have complicated business structures or family drama requiring special legal handling.

Louisiana Will Requirements (The Make-or-Break Rules)

Your will must satisfy these requirements or it becomes worthless paper:

Testator Requirements:

  • Must be 18+ years old
  • Must be of sound mind
  • Must be aware you’re creating and signing a will

Will Requirements:

✓ Must have wet signature (physical ink signature)

✓ Must be signed with two witnesses present

✓ Must be in physical form (printed on paper)

✓ Must be clearly dated

✓ Testator must sign each individual page

Special Louisiana Notarization Rule:

  • If notarized, testator, witnesses, and notary must all sign at same time in same room
  • Digital notarization is NOT recognized in Louisiana

Can You Create Your Own Will? (Yes, But Understand Louisiana’s Options)

Louisiana offers two types of wills:

  • Holographic Wills: Completely handwritten and signed by you in your own handwriting (no witnesses needed)
  • Notarial Wills: Typed or printed wills that require witnesses and preferably a notary

Here’s what most people don’t realize: Louisiana’s unique legal system makes DIY mistakes more costly than in other states. If you’re going DIY, use a reliable online platform designed by attorneys who understand Louisiana’s civil law requirements.

Do You Need a Lawyer? (Usually Not)

Louisiana doesn’t require attorneys for will creation, but the state’s unique laws make professional guidance more valuable. You might want one if:

  • Your estate includes complex business interests
  • You need to navigate Louisiana’s forced heirship laws
  • You have contentious family situations
  • You want advanced trust structures

For most families with straightforward wishes, online will creation handles everything at a fraction of attorney costs while ensuring compliance with Louisiana’s specific requirements.

Step-by-Step Louisiana Will Creation

Here’s the process that actually works:

  1. Choose a trusted online platform that understands Louisiana’s unique laws
  2. Provide basic information (legal name, address, assets, beneficiaries)
  3. Specify asset distribution according to your wishes
  4. Designate an executor to carry out your instructions
  5. Review everything carefully (mistakes in Louisiana can be especially costly)
  6. Print the will on paper (required by Louisiana law)
  7. Sign each page with wet ink in front of two witnesses
  8. Get witness signatures and notarization if possible
  9. Store securely both physical copy and digital backup

Notarization: Not Required But Highly Recommended

Louisiana doesn’t require notarization, but it’s strongly recommended. Here’s why:

  • Without notary: Standard probate process with potential complications
  • With notary: Creates the most formal presentation and reduces probate issues

Important Louisiana rule: If you choose notarization, everyone (testator, witnesses, and notary) must sign at the same time in the same room. No digital notarization allowed.

Louisiana Witness Requirements

Your witnesses must be:

  • Present when you sign each page
  • Able to provide their own signatures
  • Available for the simultaneous signing if notarization is used

What Goes in Your Louisiana Will

Your will should address:

  • Asset distribution – who gets what property
  • Guardian selection for minor children
  • Executor appointment – who manages your estate
  • Final arrangements – burial, cremation preferences
  • Specific gifts to individuals or charities
  • Personal messages to loved ones

Louisiana Probate and Filing Requirements

  • During your lifetime: No filing required
  • After death: Will filed during probate (called “succession proceeding” in Louisiana)
  • Public record: Wills become public record during probate (can be made private in special circumstances)
  • Without will: Assets pass through Louisiana’s intestacy laws (you have no control)

Common Louisiana Will Mistakes

Legal Requirements Mistakes:

  • Trying to use digital signatures or notarization (invalid in Louisiana)
  • Not signing each individual page
  • Missing proper witness signatures

Louisiana-Specific Errors:

  • Not understanding forced heirship laws
  • Ignoring community property rules
  • Not following civil law requirements

Content Issues:

  • Vague language creating confusion
  • Missing key appointments (executor, guardian)
  • Not addressing Louisiana’s unique inheritance laws

Storage Problems:

  • Family can’t locate the will when needed
  • No secure backup copies
  • Poor organization of important documents

Why Louisiana Is Different (And Why That Matters)

Louisiana’s civil law system means:

  • Different legal terminology than other states
  • Unique inheritance rules (forced heirship)
  • Special probate procedures (succession proceedings)
  • Different requirements for will validity

This makes Louisiana wills more complex than in common law states, but also makes professional guidance more valuable.

The Louisiana Disadvantage

Louisiana residents face challenges other states don’t:

  • No electronic will recognition
  • No digital notarization acceptance
  • Complex civil law requirements
  • Unique inheritance laws that can override your wishes in some cases

Take Action Today

Every day without a will is a day your family’s future depends on Louisiana’s complex intestacy laws instead of your personal wishes.

Don’t be the person whose family faces unnecessary succession complications trying to figure out what you would have wanted. Louisiana’s unique legal system makes proper planning even more critical.

Get Started Now

The key is following Louisiana’s specific requirements exactly, including the wet signature, witness, and page-signing requirements. Your loved ones will thank you for taking the time to navigate Louisiana’s unique system properly.


This information is educational only and not legal advice. Louisiana’s unique civil law system makes professional guidance especially valuable for complex situations.

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