How do I make a valid will in Louisiana?

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Accepted Answer

Louisiana is the only U.S. state with a civil law legal system (based on the French and Spanish codes). Louisiana wills are governed by Louisiana Civil Code Articles 1469-1616.

1. Testator Requirements

Age: 16 or older (La. Civ. Code art. 1476).

Capacity: Of sound mind to make a donation (art. 1477).

2. Forms of Will Permitted (La. Civ. Code art. 1574)

Louisiana recognizes only two forms of will:

Notarial testament (art. 1577).

Olographic testament (art. 1575).

No other form is valid.

3. Notarial Testament (La. Civ. Code art. 1577)

In writing (typed or printed).

Signed by the testator at the end and on each separate page in the presence of a notary public AND 2 competent witnesses.

Includes a specific attestation clause stating execution formalities were followed.

Notary and witnesses sign at the end.

Variations exist for testators who cannot read (art. 1579), who are blind (art. 1580.1), or who cannot sign (art. 1579).

4. Olographic Testament (La. Civ. Code art. 1575)

Valid if:

Entirely written, dated, and signed in the testator's hand.

No witnesses or notary required.

Date must be sufficient to establish it (month, day, year).

5. Forced Heirship (La. Civ. Code art. 1493)

Louisiana protects forced heirs — descendants who at the time of the decedent's death are:

23 years old or younger, OR

Of any age with a permanent mental or physical incapacity rendering them unable to care for themselves or administer their estate.

Forced heirs are entitled to a forced portion (legitime) — 1/4 if one forced heir, 1/2 if two or more — that cannot be disinherited except for just cause under La. Civ. Code arts. 1620-1621.

6. Community Property State

Louisiana is a community property state. A will controls only the testator's separate property and the testator's half of community property.

7. Intestacy (No Will)

La. Civ. Code arts. 880-901. Descendants take separate property; surviving spouse takes a usufruct (life estate) over the community property until death or remarriage if children are involved.

8. Small Estate Threshold

Louisiana's affidavit of small succession (La. Code Civ. Proc. art. 3431) is available for estates with gross value $125,000 or less (or any value if the decedent has been dead more than 20 years).

This is legal information, not legal advice.