How to Make a Valid Will in Louisiana

Who Can Make a Will in Louisiana?

You must be at least 16 years old to make a will in Louisiana. Persons 16 or older may make a will (La. C.C. art. 1476). 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)

Signing Requirements

Must be in writing. Louisiana recognizes two forms: notarial testament and olographic (holographic) testament. Mystic testaments were abolished in 2025. The testator must personally sign the will.

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. 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

Notarization in Louisiana

Notarization is required in Louisiana for your will to be valid. Required for notarial testament — must be executed before a notary and two witnesses. Not required for olographic testament (La. C.C. art. 1577)

Self-Proving Affidavit

Louisiana allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. 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)

Handwritten (Holographic) Wills

Louisiana does recognize holographic wills. 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

Louisiana does not currently recognize electronic wills. Louisiana does not currently have an electronic wills statute

How to Revoke a Will in Louisiana

In Louisiana, a will can be revoked by:

• •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

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

Relevant Louisiana Statutes

• La. C.C. art. 1476 (Capacity to make a will)
• La. C.C. art. 1477 (Sound mind)
• La. C.C. art. 1493 (Forced heirship)
• La. C.C. art. 1575 (Olographic testament)
• La. C.C. art. 1577 (Notarial testament)
• La. C.C. art. 1607 (Revocation)