A Louisiana notarial will is the state’s most common formal will type — a typed document signed in the presence of a notary and two competent witnesses, following the specific requirements of Louisiana Civil Code Article 1577. It replaced Louisiana’s older “statutory will” format in 1999 and is the recommended form for almost every adult with an estate to plan.
Get the format wrong and your will can be invalidated at succession — leading to intestate distribution regardless of what you wrote. This guide walks through the exact requirements, the specific attestation language, common mistakes that void notarial wills, and how much a properly-drafted one costs in Louisiana.
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What is a Louisiana notarial will?
A notarial will is one of the two authorized forms of will under current Louisiana law (the other being the olographic will, entirely handwritten by the testator). The notarial form is governed by Louisiana Civil Code Article 1577 and requires:
- A typed or printed document (not handwritten by the testator)
- Signed by the testator on every page AND at the end
- In the presence of a notary public AND two competent witnesses
- All present at the same time
- An attestation clause in the exact form Louisiana law requires
Miss any one element and the will can be declared null when the succession is opened. There is no “substantial compliance” forgiveness in Louisiana — strict formalities are required.
Louisiana notarial will requirements (Civil Code Article 1577)
1. The document must be typed or printed
Unlike an olographic will (entirely handwritten), a notarial will cannot be handwritten. It must be produced on a typewriter, word processor, or printed form. Mixing formats — typing some parts and handwriting others — risks invalidation.
2. The testator must sign at the end AND on every page
Louisiana requires the testator to sign at the end of the document AND to sign or initial every prior page. Missing signatures on interior pages is a common invalidating error.
3. Execution before a notary and two witnesses, all at the same time
The testator must sign in the presence of a Louisiana notary AND two witnesses, with all three of those signatures — the testator, the two witnesses, and the notary — occurring at a single execution ceremony. This is not optional: the “presence” requirement means physical presence at the same time. Remote execution or serial signing on different dates invalidates the will.
4. Witness qualifications
The two witnesses must be:
- At least 16 years old
- Able to see, sign, and understand what they are witnessing
- Not a beneficiary under the will (a witness who receives a bequest may lose that specific bequest, though the will as a whole often survives)
- Not a spouse of a beneficiary in most cases
The safest witnesses are two disinterested people from the attorney’s office — not family members or beneficiaries.
5. Notary qualifications
The notary must be a duly commissioned Louisiana notary public. The notary cannot also serve as a witness — those are separate roles. In practice, most Louisiana succession attorneys ARE commissioned notaries, so they handle both the drafting and the notarization within a single meeting.
6. The attestation clause (exact language required)
Louisiana Civil Code Article 1577 requires an attestation clause following the testator’s signature. The clause must state that the testator declared the document to be their will, signed it, and that the witnesses and notary all signed in the testator’s and each other’s presence.
The Civil Code provides model attestation language that experienced Louisiana attorneys use verbatim. Deviating from the required elements is one of the most common causes of will invalidation. Attempting to draft your own attestation clause from an out-of-state template is a serious risk.
Special requirements for special situations
Testator who can’t sign (physical inability)
If the testator cannot sign due to physical inability (e.g., paralysis, severe arthritis), Louisiana Civil Code Article 1578 provides an alternative procedure allowing the testator to declare the document is their will and having the notary attest to the inability. Very technical — requires an attorney.
Testator who can’t read (sight impairment or illiteracy)
Civil Code Article 1579 provides a separate procedure for testators who cannot read the will themselves. The document must be read aloud to the testator by the notary in the presence of the witnesses, with specific attestation language documenting this. Common for elderly testators whose sight has deteriorated.
Testator who doesn’t speak English
The will can be executed in the testator’s language, or in English with translation. Additional attestation language documents that the testator understood the contents. Bilingual attorneys often handle this without a separate translator when the language is French, Spanish, or Vietnamese in Louisiana.
What a Louisiana notarial will can (and can’t) do
What it CAN do
- Name specific beneficiaries for specific assets (particular legacies)
- Name residuary legatees to receive whatever is left after specific bequests
- Name an executor (called a “succession representative” in Louisiana)
- Name a tutor for minor children
- Establish trusts (testamentary trusts) that take effect at death
- Include specific provisions for the surviving spouse’s usufruct
- Waive certain default rules (like the requirement to post bond for the executor)
- Authorize independent administration (streamlined succession)
- Dispense specific gifts from collation (protecting one child’s advance from being brought back to the succession)
What it CAN’T do
- Override Louisiana’s forced heirship requirements for qualifying forced heirs (children under 24 or permanently incapacitated)
- Change the community property character of assets or waive community property rights (that requires a matrimonial agreement, separate document)
- Dispose of property the testator doesn’t own (like the surviving spouse’s community half)
- Take effect during the testator’s lifetime (only at death)
- Substitute for lifetime beneficiary designations on retirement accounts, life insurance, or POD/TOD accounts — those pass by the account’s beneficiary designation, not by the will
Notarial will vs olographic will: which should you use?
| Notarial Will | Olographic Will | |
|---|---|---|
| Format | Typed / printed | Entirely handwritten by testator |
| Signature requirements | Testator + 2 witnesses + notary, all present at once | Testator only, entirely in own hand |
| Attestation clause | Required (specific language) | Not required |
| Ease of preparation | Requires attorney/notary | Can be done alone |
| Cost | $300–$2,500+ (attorney-drafted) | Free (write it yourself) |
| Risk of invalidation | Low when attorney-drafted | Moderate to high — common mistakes |
| Probate simplicity | Simpler — already witnessed | More complex — requires proof of handwriting |
| Best for | Almost everyone | Only when no attorney access; emergencies |
For anyone with meaningful assets, minor children, or a blended family, the notarial will is the strongly recommended choice. Olographic wills are a fallback — better than dying intestate but not a substitute for proper estate planning.
Common mistakes that invalidate Louisiana notarial wills
- Missing testator signature on interior pages. Every page needs the testator’s signature or initials. Skipping page 2 of a 4-page will can invalidate the entire document.
- Witnesses or notary not physically present together. Even a brief absence — a witness stepping out to take a call, the notary signing later — can void the will. The signing ceremony must be continuous with everyone present.
- Beneficiary as witness. A witness who receives a bequest under the will typically loses that specific bequest (Louisiana Civil Code Article 1582). The rest of the will usually survives but always avoidable.
- Improper attestation clause. Missing required elements or using an out-of-state template invalidates the will.
- Typed will signed without witnesses. A typed document with only the testator’s signature is neither a valid notarial will nor a valid olographic will — it’s nothing.
- Handwritten additions after the notarial execution. Adding handwritten changes after the ceremony can invalidate those additions and sometimes the entire will. Use a properly executed codicil instead.
- Using a non-Louisiana notary. An out-of-state notary’s notarization does NOT satisfy Louisiana’s notarial will requirements for a Louisiana testator.
- Testator lacked testamentary capacity. The testator must understand what they’re signing at the moment of execution. Someone with advancing dementia may not have capacity even if they were fully lucid the week before.
How much does a Louisiana notarial will cost?
| Complexity | Typical cost (Louisiana) |
|---|---|
| Simple will (single testator, straightforward bequests, no trust) | $300–$700 |
| Married couple, coordinated wills (mirror or reciprocal) | $500–$1,200 |
| Will with testamentary trust for minor children | $1,000–$2,000 |
| Complex will with multiple trusts, business interests, forced heir considerations | $2,000–$5,000+ |
Most attorneys quote flat fees for standard wills rather than hourly billing. Beware of extremely cheap quotes ($100–$200 range) — those often come from non-Louisiana template mills that don’t produce compliant notarial wills.
The execution ceremony: what actually happens
A typical notarial will execution takes 20–45 minutes and follows this format:
- The attorney reviews the final draft with the testator to confirm nothing has changed since drafting
- The two witnesses are brought in (or joined via a properly documented remote appearance where allowed)
- The testator declares to the notary and witnesses that this is their will
- The testator signs the last page in the presence of everyone
- The testator signs or initials every prior page
- The witnesses each sign the attestation clause
- The notary signs and applies their seal
- The completed original is retained (often by the attorney) and the testator receives conformed copies
The original must be preserved carefully. Without the original, proving up the will at succession requires a court proceeding to establish its terms from copies (called probating a lost will) — complicated, delayed, and sometimes unsuccessful.
Where to store your Louisiana notarial will
- Attorney’s safe deposit box or vault: most secure, but requires coordination for retrieval at death
- Your own home fireproof safe: convenient but must be accessible after your death (someone must know how to get in)
- Bank safe deposit box: secure but requires legal process to open after death without the co-signer
- Clerk of court: some Louisiana parishes will accept a will for safekeeping
- Louisiana Will Registry: the Secretary of State maintains a registry where you can record the LOCATION of your will (not the will itself)
Tell your executor where the original is. A well-drafted will that no one can find at death is functionally identical to no will at all.
Do I need to update my notarial will?
Yes — a will is a snapshot of your circumstances and wishes at a moment in time. Update it after any of these events:
- Marriage or divorce
- Birth or adoption of a child or grandchild
- Death of a beneficiary or named executor
- Major changes in assets (business purchase/sale, inheritance received, real estate acquisition)
- Move to Louisiana from another state (out-of-state wills may not comply with Louisiana requirements)
- Move from Louisiana to another state (Louisiana wills are generally valid elsewhere but should be reviewed under the new state’s law)
- Substantial change in tax law affecting estate planning
Minor amendments can be made via a properly-executed codicil. Substantial changes are usually better handled by a fresh will that expressly revokes the prior will.
Frequently asked questions
What is a Louisiana notarial will?
The primary formal will type under current Louisiana law — a typed document signed by the testator in the presence of a notary and two witnesses, following the specific requirements of Louisiana Civil Code Article 1577. Introduced in 1999 to replace the older statutory will form.
What are the requirements for a Louisiana notarial will?
Typed document, signed by testator at the end and on every page, executed in the presence of a Louisiana notary and two competent witnesses (all present at the same time), with the required attestation clause.
How do I draft a notarial will for Louisiana?
Work with a Louisiana attorney. Notarial will requirements are technical enough that DIY drafting frequently results in invalid wills. Attorney fees for straightforward wills run $300–$700. The document must comply with Civil Code Article 1577 exactly.
Can I do a notarial will myself without an attorney?
Legally possible but not recommended. The technical requirements — specific attestation clause language, all-at-once execution, proper witness qualifications — are frequently misunderstood, resulting in wills that fail at succession. The cost savings ($400–$700) is trivial compared to the downside of an invalid will.
What’s the difference between a notarial will and an olographic will in Louisiana?
Notarial wills are typed and require witnesses and a notary. Olographic wills are entirely handwritten by the testator with date and signature but require no witnesses. Both are valid under Louisiana law; notarial wills are more common and generally more reliable at succession.
Can a notarial will be handwritten?
No — a notarial will must be typed or printed. A handwritten document would need to comply with olographic will requirements (entirely in the testator’s hand, dated and signed) to be valid.
How many witnesses does a Louisiana notarial will need?
Two competent witnesses PLUS a notary public. All three (plus the testator) must be present together at the execution.
Can a beneficiary witness a Louisiana notarial will?
Legally yes, but the beneficiary generally loses their bequest under Civil Code Article 1582. The will itself usually remains valid but that specific beneficiary’s inheritance is void. Always use disinterested witnesses.
Does a Louisiana notarial will avoid succession?
No. A notarial will directs the distribution of your estate after succession — but succession is still required to transfer title of most assets legally. However, a properly-drafted notarial will can authorize independent administration for a streamlined succession process.
What happens if my notarial will is invalid at succession?
The estate is distributed under Louisiana intestate succession rules — not what you wrote in the invalid will. This can result in outcomes very different from your wishes. See our guide on Louisiana intestate succession.
How long is a Louisiana notarial will valid?
Indefinitely, until revoked. However, life circumstances change — review your will every 3–5 years and after major life events.
Can I make changes to my notarial will after signing?
Yes, either by a properly-executed codicil (amendment) or by executing a new will that expressly revokes the prior one. Handwritten changes to an already-executed notarial will are typically invalid and can jeopardize the entire will.
Is a notarial will from another state valid in Louisiana?
Louisiana generally recognizes out-of-state wills if they were valid where executed. However, foreign wills often don’t satisfy Louisiana’s forced heirship rules or usufruct provisions, and probate can be complicated. Louisiana residents should execute a Louisiana-compliant will regardless.
Do I need a notary and witnesses if I already work with an attorney?
Yes. The attorney can BE the notary (most Louisiana succession attorneys are commissioned notaries) but you still need two additional witnesses. Attorney’s office staff typically serve as witnesses.
Ready to draft your Louisiana notarial will? Contact Scott Law Group — Estate Counsel or call (504) 264-1057. Flat-fee pricing for straightforward wills, complete review of forced heir, community property, and usufruct issues before we execute.
This article provides general information about Louisiana notarial wills and is not legal advice. Specific situations should be reviewed with a qualified Louisiana attorney.