How to Make a Will in Louisiana (2026 Guide)

A will made in Louisiana must be signed by you and by 2 witnesses before a notary to be valid. A Louisiana notarial testament is self-proving when executed in the statutory form before a notary and two witnesses. Below is everything the signing cover sheet in your free Louisiana will covers, generated from the same rules.

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Louisiana will requirements at a glance

Witnesses

Louisiana's notarial testament requires a notary public AND two competent witnesses, all present together. The testator must declare in the presence of the notary and both witnesses that the instrument is the testator's testament, and must sign at the end of the testament AND at the end of each separate page; the notary and both witnesses then sign the attestation clause in the presence of the testator and of each other (La. Civ. Code art. 1577). A witness must be at least 16, able to sign, and not insane, blind, or unable to read (for a notarial testament) (La. Civ. Code art. 1581). A legacy to a witness, the witness's spouse, or the notary is invalid, though the testament itself remains valid (La. Civ. Code arts. 1582, 1582.1) — use witnesses who take nothing under the testament. Separate forms exist for testators who cannot read, are blind, or are deaf (La. Civ. Code arts. 1578 to 1580.1).

Do you need a notary in Louisiana?

Yes. The will itself must be signed before a notary and witnesses (notarial testament).

Self-proving affidavit

A Louisiana notarial testament is self-proving when executed in the statutory form before a notary and two witnesses. What a self-proving affidavit does.

How to sign your will in Louisiana

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Louisiana's notarial testament requires a notary public AND two competent witnesses, all present together. The testator must declare in the presence of the notary and both witnesses that the instrument is the testator's testament, and must sign at the end of the testament AND at the end of each separate page; the notary and both witnesses then sign the attestation clause in the presence of the testator and of each other (La. Civ. Code art. 1577). A witness must be at least 16, able to sign, and not insane, blind, or unable to read (for a notarial testament) (La. Civ. Code art. 1581). A legacy to a witness, the witness's spouse, or the notary is invalid, though the testament itself remains valid (La. Civ. Code arts. 1582, 1582.1) — use witnesses who take nothing under the testament. Separate forms exist for testators who cannot read, are blind, or are deaf (La. Civ. Code arts. 1578 to 1580.1).
3. Sign before a notary. Louisiana's notarial testament must be signed in the presence of a notary and two witnesses, all present at the same time, and each page must be signed.
4. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Louisiana has no general statute for lifetime deposit of a testament with the court; a notary may retain the original in the notary's records, so ask your notary whether an original will be kept.
5. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

Louisiana is a community property state and has no elective share. Each spouse already owns an undivided one-half of the community property (La. Civ. Code arts. 2336, 2338), so a testament disposes of only the testator's half plus separate property. A surviving spouse who is left relatively poor may claim the 'marital portion' — one-quarter of the estate in full ownership if there are no children, a usufruct of one-quarter if there are three or fewer children, or a usufruct of a child's share if more (La. Civ. Code arts. 2432 to 2437). Forced heirship separately protects certain children (La. Civ. Code arts. 1493 to 1495).

Louisiana is a community property state. Property acquired during marriage is generally owned half by each spouse. A will disposes only of the testator's half plus separate property. Our Louisiana will includes a community property acknowledgment.

Homestead

No general restriction on devising the family home beyond forced heirship, but if the testator leaves descendants, the surviving spouse takes a usufruct over the decedent's share of community property (including the home) unless the testament provides otherwise (La. Civ. Code art. 890), and a testator may confirm or extend that usufruct (La. Civ. Code art. 1499). The homestead exemption from creditors is in La. Rev. Stat. § 20:1.

If you die without a will in Louisiana

If you die without a will in Louisiana, your half of the community property goes to your descendants, subject to your spouse's usufruct (right to use it) until the spouse dies or remarries (La. Civ. Code arts. 889, 890); if you have no descendants, your half of the community goes to your spouse. Your separate property goes to your descendants; if none, to your siblings (with your parents holding a usufruct); if none, to your parents; and only then to your spouse (La. Civ. Code arts. 880 to 899). More on intestacy.

Other estate-planning documents in Louisiana

• Durable financial power of attorney: La. Civ. Code arts. 2989 to 3034 (mandate, called a power of attorney or procuration; durability under art. 3026). A Louisiana mandate (power of attorney) may be made by private signature, but to transfer or encumber real estate it must be in authentic form — signed before a notary public and two witnesses (La. Civ. Code arts. 1833, 2993, 2994) — and recorded in the conveyance records of the parish. Sign every power of attorney as an authentic act (notary plus two witnesses) so it can be used for any purpose. Express authority is required for gifts and other listed acts (La. Civ. Code arts. 2996, 2997).
• Advance healthcare directive: La. Rev. Stat. § 40:1151.1 et seq. (Natural Death Act; living will declaration) and La. Civ. Code art. 2997 (mandate for health care decisions). A living will declaration must be signed by the declarant in the presence of two adult witnesses, who also sign; the statute supplies a form that may be used but is not mandatory (La. Rev. Stat. §§ 40:1151.2, 40:1151.3). A health care power of attorney is a mandate under the Civil Code; sign it as an authentic act (before a notary public and two witnesses) so it is honored without question (La. Civ. Code arts. 1833, 2997). The Secretary of State keeps a voluntary declaration registry (La. Rev. Stat. § 40:1151.3).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

Louisiana notes

• Louisiana law differs substantially from every other state. It is a civil-law jurisdiction with forced heirship, a notarial testament form, and community property. Attorney review is strongly recommended before signing.
• Forced heirship: children who are 23 or younger at your death, or who are permanently incapable of caring for themselves, are 'forced heirs' entitled to a reserved share (the legitime) — one-quarter of the estate for one forced heir, one-half for two or more — that you cannot leave to anyone else except by disinherison for a cause listed in the Code (La. Civ. Code arts. 1493 to 1495, 1621 to 1624).
• Notarial testament form (La. Civ. Code arts. 1574 to 1577): the testament must be signed by you at the end and on each separate page, in the presence of a notary and two witnesses, who then sign the attestation clause; the wording of that clause must substantially follow art. 1577.
• The only other valid form is the olographic testament — entirely written, dated and signed in your own hand (La. Civ. Code art. 1575) — which must be proved by two witnesses to the handwriting at probate. Typed wills signed without a notary are not valid in Louisiana.
• Louisiana is a community property state (La. Civ. Code art. 2338). Your testament controls only your separate property and your one-half interest in community property; your spouse already owns the other half, and may have a usufruct over your half (La. Civ. Code art. 890).
• A witness or the notary (or their spouses) cannot receive a legacy (La. Civ. Code arts. 1582, 1582.1).
• Louisiana uses different vocabulary: a 'testament' rather than a will, an 'executor' is also called a 'succession representative', a 'legacy' rather than a bequest or devise, and 'succession' rather than probate.

Frequently asked questions

How many witnesses does a will need in Louisiana?

Louisiana requires 2 witnesses (La. Civ. Code arts. 1574 to 1577 (notarial testament)). Louisiana's notarial testament requires a notary public AND two competent witnesses, all present together. The testator must declare in the presence of the notary and both witnesses that the instrument is the testator's testament, and must sign at the end of the testament AND at the end of each separate page; the notary and both witnesses then sign the attestation clause in the presence of the testator and of each other (La. Civ. Code art. 1577). A witness must be at least 16, able to sign, and not insane, blind, or unable to read (for a notarial testament) (La. Civ. Code art. 1581). A legacy to a witness, the witness's spouse, or the notary is invalid, though the testament itself remains valid (La. Civ. Code arts. 1582, 1582.1) — use witnesses who take nothing under the testament. Separate forms exist for testators who cannot read, are blind, or are deaf (La. Civ. Code arts. 1578 to 1580.1).

Does a will need to be notarized in Louisiana?

Yes. The will itself must be signed before a notary and witnesses (notarial testament).

Does Louisiana have a self-proving affidavit?

A Louisiana notarial testament is self-proving when executed in the statutory form before a notary and two witnesses.

Are handwritten (holographic) wills valid in Louisiana?

Yes, Louisiana recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Louisiana?

Louisiana is a community property state and has no elective share. Each spouse already owns an undivided one-half of the community property (La. Civ. Code arts. 2336, 2338), so a testament disposes of only the testator's half plus separate property. A surviving spouse who is left relatively poor may claim the 'marital portion' — one-quarter of the estate in full ownership if there are no children, a usufruct of one-quarter if there are three or fewer children, or a usufruct of a child's share if more (La. Civ. Code arts. 2432 to 2437). Forced heirship separately protects certain children (La. Civ. Code arts. 1493 to 1495).

What happens if I die without a will in Louisiana?

If you die without a will in Louisiana, your half of the community property goes to your descendants, subject to your spouse's usufruct (right to use it) until the spouse dies or remarries (La. Civ. Code arts. 889, 890); if you have no descendants, your half of the community goes to your spouse. Your separate property goes to your descendants; if none, to your siblings (with your parents holding a usufruct); if none, to your parents; and only then to your spouse (La. Civ. Code arts. 880 to 899).

Is a no-contest clause enforceable in Louisiana?

Louisiana has no statute directly addressing penalty (no-contest) clauses in testaments. Courts have given effect to them in some cases, but a clause cannot defeat a forced heir's legitime (La. Civ. Code art. 1494) and conditions contrary to law or public policy are treated as not written (La. Civ. Code art. 1519). Treat enforceability as uncertain.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.