Louisiana Last Will and Testament: Forms, Cost & How to Make One

A Louisiana last will and testament is the document that tells the court who gets your property when you die. Louisiana’s will law is unusual — it differs in important ways from every other state — so a will form pulled from a generic online template often fails here. This guide covers what makes a Louisiana will valid, the two main types (notarial and olographic), what they cost, and how to actually get one done.

Looking for a different document? A living will controls medical decisions while you’re alive, and a living trust holds property to avoid probate. See our guide on how these three documents differ.

What a Louisiana last will and testament actually does

A properly-executed last will gives you control over what would otherwise happen by default under Louisiana’s intestate succession laws. With a will, you can:

• Name who inherits your property — subject to Louisiana’s forced heirship rules (your minor or disabled children may still be entitled to a portion regardless)
• Appoint an executor to manage your estate during succession
• Name a guardian (tutor) for minor children — the most important reason for young parents to have a will
• Make specific bequests — particular items or amounts to particular people
• Establish a testamentary trust for a beneficiary (e.g., property held in trust until a child reaches a specified age)
• Provide for an independent administration, making the succession faster and cheaper
• Disinherit an heir in the narrow circumstances Louisiana law permits
• Direct funeral arrangements

Without a will, Louisiana’s intestate succession statutes (La. C.C. arts. 880 et seq.) decide who inherits. See our complete guide to Louisiana inheritance laws when there is no will.

The two main types of Louisiana wills

Louisiana recognizes two types of wills as valid for almost all modern situations. A third type — the “nuncupative” (oral) will — was eliminated decades ago.

The notarial will (La. C.C. art. 1576)

The notarial will is the formal, attorney-drafted document signed in front of a notary and two competent witnesses. It’s the strongest, most reliable form of Louisiana will. Once executed, it’s presumed valid and is administered with less court process than an olographic will.

Requirements:

• Written (typed or computer-printed; not handwritten)
• Dated, and signed by the testator (signing every page is required for the will to be self-proving)
• Signed in the presence of a notary public and two competent witnesses
• The notary and witnesses sign; an attestation clause (declaration) that the testator declared this was their will and signed each page makes the will self-proving
• Witnesses must be at least 16, not insane, not blind, and able to sign their names
• Witnesses should not be beneficiaries under the will (creates legal complications)

The notarial will is what most Louisiana attorneys recommend. It’s the form we use at Scott Law Group for almost every client.

The olographic will (La. C.C. art. 1575)

The olographic will is entirely handwritten by the testator, dated, and signed. No witnesses are required at the time of signing.

Requirements:

• Written entirely in the testator’s own handwriting (no typed or printed sections)
• Dated — the date must be in the testator’s own hand
• Signed by the testator (since August 1, 2025, the signature may appear anywhere in the will)

An olographic will is valid, but it must be authenticated by a court after death — meaning someone (usually two witnesses who recognize the handwriting) must testify that the document is in fact in the deceased’s handwriting. This adds a court step the notarial will doesn’t require.

Olographic wills are useful in emergencies and can be a backup for someone without immediate access to an attorney, but they should generally be replaced with a notarial will when time and circumstances allow.

How much does a Louisiana last will cost?

Cost depends heavily on what you choose:

At Scott Law Group, a standard Louisiana notarial will is a flat fee, quoted in writing before you sign anything. For most families we recommend the will + supporting documents package.

How to make a will in Louisiana — the process

Step 1: Inventory your assets and decide your beneficiaries

Before meeting with an attorney, gather:

• List of real estate, bank accounts, investment accounts, retirement accounts, life insurance
• Approximate values
• Names and addresses of intended beneficiaries
• Names of potential executors (and backup executors)
• If you have minor children: names of potential guardians (and backup guardians)
• Any specific bequests (the necklace to your daughter, the rifle to your nephew, etc.)

Step 2: Account for Louisiana’s forced heirship

Louisiana is one of the only states with mandatory inheritance protections for certain heirs. Under forced heirship (La. C.C. art. 1493), children under 24 or children of any age with permanent disability are entitled to a portion of your estate that you cannot disinherit. This affects how your will is drafted. We’ll handle this complexity during the engagement; you just need to know it exists.

Step 3: Account for community property

If you’re married, Louisiana’s community property regime affects what you can give away. You only have full testamentary power over your separate property and your one-half share of community property. The other half belongs to your spouse and you can’t will it away. See our guide on community property distribution after death.

Step 4: Draft and execute

An attorney drafts the notarial will based on your situation, you review it, and we schedule signing. Signing takes about 30 minutes — you, two witnesses, and the notary. The notary keeps the original (or you take it home, your choice).

Step 5: Store the will properly

Original signed wills should be kept in a secure but accessible place:

• Fireproof home safe — most common, generally fine
• Attorney’s file — we maintain a registry of wills we’ve drafted and notify your executor on request
• Louisiana Will Registry — the state maintains a registry where you can register the existence of your will (not the contents)

Avoid: a bank safe deposit box that only you can access. Your executor won’t be able to retrieve it without a court order, which delays succession.

Can I write my own Louisiana will without a lawyer?

Yes — but the answer depends on the type.

You CAN write an olographic will without a lawyer

If you write the entire document by hand, date it in your own hand, and sign it, it’s a valid Louisiana olographic will. No lawyer required. No notary required at signing. No witnesses required at signing.

This is the only DIY will option that Louisiana law fully recognizes.

But you probably shouldn’t

The reasons are practical:

• Court authentication required. Olographic wills must be authenticated by a court after death, requiring two witnesses who can identify the handwriting. This is an extra step, an extra cost, and an extra delay.
• Forced heirship traps. A handwritten will that doesn’t account for Louisiana’s forced heirship rules can be partially invalidated, sometimes in unexpected ways.
• Community property mistakes. Most DIY wills don’t distinguish separate from community property; the will tries to give away things the testator didn’t fully own.
• Ambiguity gets litigated. Vague language in a handwritten will creates fights between heirs. Attorney-drafted wills use precise legal language that’s harder to misinterpret.
• No executor guidance. A simple handwritten will rarely addresses independent administration, executor powers, or successor executors — meaning your estate goes through the slower, more expensive ordinary administration.

The savings from a DIY will frequently get eaten up — many times over — by problems during succession. See our article on how DIY wills can create estate problems later.

What about online will forms?

Online will services (LegalZoom, Rocket Lawyer, etc.) generate wills using general templates. Their templates are usually built for common-law states — they don’t handle Louisiana’s civil-code distinctions correctly. We regularly see online-form wills that are invalid or only partially valid in Louisiana because they:

• Use the wrong execution formalities (e.g., missing the proper attestation clause)
• Try to disinherit forced heirs in ways Louisiana doesn’t allow
• Don’t address community property correctly
• Use non-existent legal concepts (like “life estates with remainder” in the common-law sense, which work differently here)

A Louisiana attorney-drafted will costs more than a $99 online form, but the failure mode of an invalid will — the estate going to people the testator didn’t intend — is much more expensive.

What if you already have a will from another state?

Out-of-state wills are generally valid in Louisiana if they were validly executed under the laws of the state where they were made. But they may not work as smoothly here:

• The will may not address Louisiana-specific issues (forced heirship, community property, usufruct)
• Bequests of Louisiana real estate may be affected by Louisiana law differently than the out-of-state will anticipates
• The executor may need to be qualified separately in Louisiana

If you’ve moved to Louisiana with an existing will, have it reviewed by a Louisiana attorney. Frequently we recommend drafting a new Louisiana will that works correctly under Louisiana law. See our guide on out-of-state wills in Louisiana.

When and how to update your will

Review your will every 3–5 years and after any of these events:

• Marriage or divorce
• Birth or adoption of a child or grandchild
• Death of a beneficiary, executor, or guardian
• Significant change in assets (inheritance received, business sold, etc.)
• Moving to or from Louisiana
• Major change in tax law
• Major change in family relationships

Updates can be made by:

• Codicil — a separate document amending the original will. Must itself be executed in a valid testamentary form (notarial or olographic). Best for small changes.
• New will — redrafting the will from scratch and explicitly revoking the old one. Cleaner and clearer than a codicil for substantial changes.

See our guide on using a codicil to amend a Louisiana will.

Common mistakes to avoid

Using a witness who is also a beneficiary

Under La. C.C. art. 1582, a beneficiary who serves as a witness loses the bequest they would have received. The will is still valid; the witness-beneficiary just gets nothing. Always use witnesses who are not beneficiaries.

Trying to disinherit forced heirs

Louisiana’s forced heirship law protects children under 24 and children of any age with permanent disability. You generally cannot disinherit them, and attempts to do so are partially overridden by statute. The narrow grounds for disinheritance are listed in La. C.C. art. 1621.

Trying to give away community property

A spouse can only will away their half of community property. The other half belongs to the surviving spouse regardless of what the will says.

Naming an out-of-state executor without considering jurisdiction

An out-of-state executor needs to qualify in Louisiana, which can be more complex than a local executor. See our FAQ on executors who live outside Louisiana.

Not naming alternate beneficiaries or executors

What happens if your named executor predeceases you? What if a beneficiary dies before you do? A well-drafted will names alternates for both. Many DIY wills don’t.

Not signing each page

Signing each page is required for a Louisiana notarial will to be self-proving. Since August 1, 2025, a missing page signature no longer invalidates the will by itself, but the will must then be proved by testimony before it can be probated.

Storing the original somewhere nobody can access it

If your executor can’t find or retrieve the original signed will, your estate may be administered as if you died intestate (without a will). Tell at least your executor where the original is.

What happens after you die (the succession process)

A Louisiana last will doesn’t avoid the succession (probate) process — it just controls how it goes. After death, your executor (or another person with standing) files the will with the appropriate court to open the succession.

The process generally involves:

1. Filing the will and a petition to probate it
2. The court recognizes the will
3. The executor is appointed (issued “letters testamentary”)
4. Assets are inventoried, debts are paid, taxes are filed
5. The court issues a Judgment of Possession transferring property to the heirs

For straightforward cases, this takes 3–6 months. See our guide on starting the Louisiana succession process.

Frequently asked questions

Is an out-of-state will valid in Louisiana?

Generally yes if validly executed under the laws of the state where it was made. But it may not work smoothly here due to Louisiana-specific rules (forced heirship, community property). Have it reviewed by a Louisiana attorney; sometimes a new Louisiana will is cleaner.

Can I disinherit my children in Louisiana?

Generally no for children under 24 or children of any age with a permanent disability — they are “forced heirs” entitled to a portion of your estate. Children 24 or older without disability can be disinherited freely. Louisiana law also lists specific narrow grounds for disinheriting even forced heirs (La. C.C. art. 1621), but the bar is high.

How long is a Louisiana last will and testament valid?

Indefinitely — until you revoke it (by tearing it up, destroying it, or executing a new will) or until you die. There’s no expiration date.

Can I write my own Louisiana will by hand?

Yes — an olographic will (entirely handwritten, dated, and signed) is valid in Louisiana. But it requires court authentication after death and creates other risks. Most attorneys recommend a notarial will instead.

Where can I download a Louisiana last will and testament form?

There’s no single official form. Generic online forms are usually built for common-law states and frequently fail Louisiana’s requirements. A Louisiana-licensed attorney can prepare a custom notarial will that complies with the Civil Code — the only reliable route.

How much does it cost to make a will in Louisiana?

We charge a flat fee for each: a simple notarial will, a will + supporting documents (living will, powers of attorney), or a will + living trust full estate plan. You get the price in writing before you sign anything.

Do I need witnesses to make a will in Louisiana?

For a notarial will, yes — two competent witnesses plus a notary. For an olographic (handwritten) will, no witnesses are needed at signing, but two witnesses who recognize the handwriting are needed after death to authenticate it.

Can my spouse and I have a joint will?

Louisiana law generally requires each spouse to have a separate will. A joint will — one instrument executed by two people — is prohibited (La. C.C. art. 1571); spouses who want coordinated plans sign separate wills.

What happens if I die without a Louisiana will?

Louisiana’s intestate succession laws (La. C.C. arts. 880 et seq.) decide who inherits your property. The court appoints an administrator. Your spouse and children may inherit differently than you would have chosen. See our guide on Louisiana inheritance laws when there is no will.

What’s the difference between a Louisiana last will and a living trust?

A last will distributes your property through the succession process. A living trust holds property in a trust entity, allowing it to pass to beneficiaries without probate. Many families use both: a trust as the main distribution vehicle and a “pour-over” will to catch any property not transferred into the trust. See our document comparison guide.

Can I change my will after I sign it?

Yes — at any time, while you have testamentary capacity. Changes are made via codicil (a separate amendment document) or by drafting a new will that revokes the old one. New wills are cleaner for substantial changes.

Should I name my attorney as executor?

Usually not by default — family members or trusted friends are more common. But naming a professional executor (attorney, bank trust department) can make sense for large or complex estates, or when family relationships are strained. Discuss during the engagement.

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Ready to get a Louisiana last will and testament drafted? Contact Scott Law Group — Estate Counsel or call (504) 264-1057. Most consultations end with a clear quote and a planned signing date within 1–2 weeks.

This article provides general information about Louisiana last wills and testaments and is not legal advice. Specific situations should be reviewed with a qualified Louisiana attorney.