How to Write a Will in Louisiana (2026 Guide)

This is general legal information for Louisiana, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in Louisiana.

Why Having a Will Matters

A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and Louisiana’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.

The cost of skipping a will is not hypothetical. It plays out the same way in Louisiana as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.

A simple Louisiana will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in Louisiana and how to avoid the technical mistakes that most commonly cause wills to be thrown out.

Louisiana Will Requirements at a Glance

• Minimum age: 16 years old (Persons 16 or older may make a will (La. C.C. art. 1476))
• Written form: Must be in writing. Louisiana recognizes two forms: notarial testament and olographic (holographic) testament. Mystic testaments were abolished in 2025
• Witnesses required: 2
• Notarization: Required
• Self-proving affidavit: Yes — recommended, it speeds up probate later
• Holographic (handwritten) wills: Yes
• Electronic wills: No

Testamentary Capacity

The testator must have the mental capacity to understand the nature of the testamentary act, the nature and extent of their property, and the relationship to the persons who are the natural objects of their bounty. Must not be interdicted (La. C.C. art. 1477)

Signature Requirements in Louisiana

You must personally sign the will. Proxy signing (having someone else sign for you) is generally not allowed as a substitute for your own signature.

Witness Requirements in Louisiana

Louisiana requires 2 witnesses. Must be competent and at least 16 years old. For notarial testament, a notary is also required in addition to witnesses

Presence rules: For notarial testament: testator must sign in the presence of a notary and two witnesses. The testator must declare or signify that the instrument is their will. Witnesses and notary must sign at the end (La. C.C. art. 1577). For olographic testament: no witnesses required

Interested witnesses: Interested witnesses do not invalidate the will but may be examined more closely

The safest approach in every state, including Louisiana, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.

Notarization and Self-Proving Affidavits

Louisiana requires notarization for a valid will. Required for notarial testament — must be executed before a notary and two witnesses. Not required for olographic testament (La. C.C. art. 1577)

Louisiana does allow a self-proving affidavit, which is a short notarized document attached to the will where you and your witnesses swear under oath that everything was signed properly. It is optional, but it is strongly recommended — a self-proving affidavit means the probate court can admit the will without having to contact your witnesses later. A notarial testament is self-proving by its nature — the notary's attestation serves this function. No separate affidavit needed (La. C.C. art. 1577)

Holographic, Electronic, and Oral Wills in Louisiana

Holographic (handwritten) wills: Recognized in Louisiana. Called 'olographic testament' in Louisiana. Must be entirely written, dated, and signed by the testator's own hand. No witnesses or notary required (La. C.C. art. 1575)

Electronic wills: Not currently recognized in Louisiana. Stick with a printed, physically signed will.

Nuncupative (oral) wills: Not recognized in Louisiana.

How to Revoke or Update a Louisiana Will

If you already have a will and want to change it, Louisiana recognizes these revocation methods: Executing a subsequent testament that revokes the prior will expressly or by inconsistency, Physical destruction by the testator with the intention of revoking. La. C.C. art. 1607. Louisiana also allows revocation by a signed declaration before a notary and two witnesses

The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.

Special Provisions in Louisiana

Louisiana is a community property state and uses civil law (not common law) for succession. Louisiana has FORCED HEIRSHIP: children 23 or younger, or children of any age who are permanently incapable of managing their affairs, are forced heirs entitled to a portion of the estate (La. C.C. art. 1493). The forced portion is one-quarter of the estate if one forced heir, one-half if two or more. Louisiana's succession law is rooted in French/Spanish civil law traditions and is unique among US states. Act No. 30 of 2025 relaxed some formal requirements for notarial testaments

Step-by-Step: Writing a Valid Louisiana Will

1. Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
2. Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
3. Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
4. Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
5. Draft the document. Our free drafting tool generates a Louisiana-specific will in about 10 minutes, with all the correct clauses in the correct order.
6. Print the will. Don’t rely on a digital copy for signing.
7. Sign in front of 2 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
8. Sign the self-proving affidavit in front of a notary. This is optional but speeds up probate later.
9. Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
10. Review every few years and after major life events (marriage, divorce, new child, moving out of Louisiana, major asset changes).

Common Louisiana Will Mistakes to Avoid

• Wrong number of witnesses. Louisiana requires 2. More is fine; fewer invalidates the will.
• Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
• Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
• Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
• Storing the will where nobody can find it. An unfindable will is the same as no will.
• Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.

Need to Check Details?

You can also read the full Louisiana will requirements and the Louisiana estate planning guide for background on intestate succession, probate, and related topics.

Start Your Louisiana Will Now

The easiest way to get a valid Louisiana will done today is our free drafting tool. It walks you through the questions, generates a Louisiana-specific document with the correct clauses, and gives you signing instructions tailored to Louisiana’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.

Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.