When a loved one dies with a will that was created in another state, families often wonder whether that will is valid in Louisiana — especially if the estate includes Louisiana real estate. The short answer is: generally yes, but specific requirements apply, and the situation requires careful analysis.
The General Rule: Louisiana Recognizes Out-of-State Wills
Louisiana law generally recognizes a will that was created and properly executed in another state — as long as the will was valid under the law of the state where it was made, or under Louisiana law. This means you do not need to worry that a will drafted in Texas, Georgia, or any other state automatically fails to meet Louisiana requirements.
However, there is an important nuance: the will must have met the formal execution requirements of the state where it was created. A will that did not comply with the law of its origin state is not valid there — and Louisiana will not give it effect either.
Where Probate Should Be Opened
The state where succession (probate) should be primarily opened depends on where the decedent was domiciled at death:
- If your loved one lived primarily in another state, the main probate opens there.
- If your loved one lived primarily in Louisiana, the succession opens here, and the out-of-state will is simply presented to the Louisiana court.
When the main probate is in another state but the estate includes Louisiana real estate, an ancillary succession must be opened in Louisiana to transfer that property. For the ancillary proceeding, Louisiana law allows you to present an authenticated copy of the will that was probated in the home state, and the Louisiana court will give it the same effect as a domestic Louisiana will.
Louisiana’s Own Will Formalities
Louisiana recognizes two types of valid wills: notarial wills (signed before a notary and two witnesses) and olographic wills (entirely handwritten, dated, and signed). Wills from other states often use the witnessed typewritten format common in common-law states — which Louisiana courts will recognize as valid if it met the other state’s requirements, even though it does not follow Louisiana’s notarial will format.
When Complications Arise
Out-of-state will situations become complicated when:
- The will did not comply with the requirements of either the origin state or Louisiana — it may be invalid entirely
- The decedent moved to Louisiana late in life but the will was drafted under another state’s community property (or separate property) rules that conflict with Louisiana law
- The will was made in a foreign country — different rules apply to foreign wills
- Louisiana’s forced heirship rules are triggered — an out-of-state will cannot eliminate a Louisiana forced heir’s rights to Louisiana property
What to Do If Your Loved One Had an Out-of-State Will
The first step is consultation with a Louisiana succession attorney who can review the specific will, the decedent’s domicile situation, and the estate’s assets. Do not assume the will is either valid or invalid without legal analysis — both assumptions can lead to costly mistakes.
Contact Scott Law Group — Estate Counsel or call (504) 264-1057 to discuss an out-of-state will and what is needed for a Louisiana succession.
This article provides general information about Louisiana succession law and is not legal advice for your specific situation.
When Louisiana Succession Is Required for Out-of-State Decedents
Louisiana courts have jurisdiction over the succession of Louisiana real estate regardless of where the decedent was domiciled at the time of death. If a person dies in Texas, Florida, or any other state but owned land, a house, or other immovable property in Louisiana, a Louisiana succession proceeding is required to transfer that property. This is true even if the decedent’s estate is already being administered in their home state — the two proceedings run in parallel, not sequentially. Louisiana law governs Louisiana property, and only a Louisiana court can issue the Judgment of Possession necessary to clear and transfer Louisiana title.
The Louisiana proceeding for a decedent domiciled elsewhere is called an ancillary succession. The domiciliary state handles the primary administration of the estate — appointment of the executor, payment of debts from personal property, distribution of movable assets. Louisiana handles only the Louisiana immovable property, but it does so under Louisiana procedural and substantive law. An attorney licensed in Louisiana is required for the Louisiana proceeding; the out-of-state estate attorney typically cannot appear in Louisiana courts.
Personal property — bank accounts, investment accounts, vehicles, household contents — generally follows the law of the decedent’s state of domicile and does not require Louisiana court involvement. But any real estate titled in the decedent’s name in Louisiana requires a Louisiana succession, period. This remains true even if the real estate was owned jointly with the surviving spouse under a Louisiana act of sale, because Louisiana real estate does not pass by right of survivorship unless a specific contractual arrangement creates that right.
How Louisiana Validates and Uses an Out-of-State Will
Louisiana Revised Statute 9:2401 provides that a will executed in another state is valid in Louisiana if it was executed in compliance with the law of the state where it was made, the law of the state where the testator was domiciled at the time of execution, or Louisiana law. This means families rarely have to worry about whether an out-of-state will “counts” in Louisiana — if it was validly made anywhere, it is almost certainly valid here too.
For the Louisiana court to use an out-of-state will, it must be authenticated. A will from another U.S. state can be authenticated through certification by the clerk of court in the state where it was probated, or by filing a certified copy of the original will together with an apostille or other official certification. Louisiana courts require that the foreign will be formally admitted to probate in the Louisiana proceeding, which involves a contradictory motion and a court hearing unless the probate is uncontested.
Even with a valid out-of-state will, Louisiana’s mandatory rules still apply to Louisiana property. Louisiana forced heirship — the right of children under 24 or permanently incapacitated children to receive a minimum share of the estate — applies to Louisiana immovable property regardless of what the will says or where it was executed. Community property characterization rules apply to Louisiana immovables acquired during a Louisiana marriage. These are substantive rights that follow the property, not the person, and no out-of-state will can override them.
Practical Challenges for Out-of-State Families With Louisiana Property
Coordinating two simultaneous succession proceedings is the primary logistical challenge. The Louisiana ancillary succession has its own court filings, inventory, and Judgment of Possession that must be completed independently of the domiciliary state proceeding. The Louisiana attorney and the home-state attorney must communicate to ensure the two proceedings are consistent — the same assets are not listed in both inventories, creditors are properly accounted for, and the overall estate tax picture (if applicable) is handled coherently.
A non-Louisiana executor must either qualify in Louisiana courts or designate a Louisiana-resident agent for process. Louisiana courts require that out-of-state executors meet this procedural requirement before they can act in Louisiana. The Louisiana succession attorney typically serves this coordinating function, liaising between the out-of-state executor and the Louisiana court system, preparing all required filings, and handling the recording of the Judgment of Possession in the relevant Louisiana parish or parishes.
Tax considerations in ancillary successions can be complex. For federal estate tax purposes, all assets — including Louisiana real estate — are included in the gross estate and administered through the domiciliary state’s estate tax proceeding. Louisiana has no state estate or inheritance tax. But the stepped-up basis rules for Louisiana real estate require careful documentation: the date-of-death fair market value of the Louisiana property must be established and reported, whether in a formal appraisal or through other recognized valuation methods, to support the stepped-up basis that heirs will need when they eventually sell.