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Louisiana Last Will and Testament

Louisiana requires a notary and two witnesses for a valid will, or a handwritten olographic will with none needed. Free template. Attorney review available.

Introduction

A last will and testament, called simply a testament in Louisiana, is a legal document that states who receives your property and names the executor who will administer your estate after you die; it can also name a guardian for your minor children. Louisiana is a civil-law state, so testaments are governed by the Louisiana Civil Code rather than a common-law probate code, and the state recognizes two forms. A notarial testament under La. Civ. Code Article 1576 must be executed before a notary public in the presence of two witnesses, and signed by the testator, each witness, and the notary; Acts 2025, No. 30 rewrote this article, so use the current version, not the repealed prior form. An olographic testament under Article 1575 is entirely handwritten, dated, and signed by you, with no witnesses and no notary required. A notarial testament can be self-proving, meaning it needs no further probate testimony, if it is signed on every page and carries the declaration signed by the notary and witnesses under La. Code Civ. Proc. Article 2887(A). You must be at least 16 to make a testament in Louisiana, younger than the age 18 most states require. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the executor who will administer your estate after you die. Louisiana calls it simply a testament, and it can also name a guardian for minor children.

  2. 2

    Louisiana recognizes two forms of testament. A notarial testament (La. Civ. Code Article 1576) is executed before a notary public and two witnesses. An olographic testament (Article 1575) is entirely handwritten, dated, and signed by you, with no witnesses or notary required.

  3. 3

    Two witnesses plus a notary sign the notarial testament, along with the testator. A legacy left to a witness or the notary is invalid, though a witness who would inherit anyway under intestacy may still take the lesser of that share or the legacy; the testament itself remains valid (La. Civ. Code Article 1582).

  4. 4

    A self-proving declaration is available. A notarial testament needs no further probate testimony if it is signed on every page and carries the declaration signed by the notary and witnesses, either in the testament or in an attached affidavit, under La. Code Civ. Proc. Article 2887(A).

  5. 5

    A handwritten (olographic) will is fully recognized in Louisiana. Under Article 1575 it must be entirely written, dated, and signed in your own handwriting, with no witnesses and no notary needed, but at probate someone must prove it was written and signed in your hand.

  6. 6

    The notarial testament requires a notary, unlike most states where only witnesses attest a will. Notarization is not optional for that form; it is what makes the testament, and its self-proving declaration, effective under Article 1576 and Code of Civil Procedure Article 2887(A).

  7. 7

    You must be at least 16 to make a testament in Louisiana (La. Civ. Code Article 1476), and you must be able to comprehend generally the nature and consequences of the disposition you are making (Article 1477). You can revoke a testament by destroying it, making a new incompatible one, a signed revoking writing, or, for a legacy to a spouse, by divorce (Articles 1607-1608).

Key decisions before you file

Before you file a Last Will and Testament in Louisiana, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

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LOUISIANA LAST WILL AND TESTAMENT (NOTARIAL TESTAMENT)

  1. DECLARATION AND REVOCATION OF PRIOR TESTAMENTS I, [YOUR FULL LEGAL NAME], a resident of [PARISH] Parish, Louisiana, being of sound mind and at least sixteen years of age, declare this to be my Last Will and Testament (testament) and revoke all prior testaments and codicils I have made.

  2. EXECUTOR APPOINTMENT I appoint [EXECUTOR NAME] as executor of this testament, to serve without bond if permitted by law. If [EXECUTOR NAME] cannot or will not serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor executor.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here, for example real estate, bank accounts, vehicles, or items of tangible personal property, and name a beneficiary and an alternate beneficiary for each. If you have children who are 23 or younger, or of any age and permanently incapable of caring for themselves, Louisiana's forced heirship rules reserve them a legitime, a protected share of your estate, that this testament cannot fully take away. Confirm current Louisiana Civil Code forced heirship provisions, or consult an attorney, before finalizing these bequests.]

3A. GUARDIAN FOR MINOR CHILDREN (IF APPLICABLE) [If you have minor children, name a guardian, and an alternate guardian, to care for them if the other parent is unable to do so: I appoint [GUARDIAN NAME], and if unable or unwilling to serve, [ALTERNATE GUARDIAN NAME], as guardian.]

  1. RESIDUARY CLAUSE I give the rest and residue of my estate, meaning whatever property is not otherwise disposed of above, to [RESIDUARY BENEFICIARY NAME]. If [RESIDUARY BENEFICIARY NAME] does not survive me, I give the residue instead to [ALTERNATE RESIDUARY BENEFICIARY NAME].

  2. ATTESTATION (NOTARIAL TESTAMENT) This testament is prepared in writing, dated, and executed before a notary public in the presence of two witnesses, and is signed by the testator, each witness, and the notary, as Louisiana Civil Code Article 1576 requires. I have signed every separate page of this testament.

SELF-PROVING DECLARATION (La. Code Civ. Proc. Article 2887(A)) In our presence the testator has declared or signified that this instrument is his testament and has signed each separate page.

Signed: _____________________________ Date: [DATE] [YOUR FULL LEGAL NAME], Testator

Witness 1: _____________________________ Date: [DATE] [WITNESS 1 NAME], residing at [ADDRESS]

Witness 2: _____________________________ Date: [DATE] [WITNESS 2 NAME], residing at [ADDRESS]

Notary: _____________________________ Date: [DATE] [NOTARY NAME], Notary Public, Parish of [PARISH], Louisiana

Note: This notarial testament must be executed before a notary public and two witnesses under Louisiana Civil Code Article 1576. Do not let a beneficiary serve as a witness or notary; Article 1582 makes a legacy to a witness or the notary invalid, though a witness who would inherit anyway under intestacy may still take the lesser of that share or the legacy, and the testament itself remains valid. Louisiana also recognizes an olographic testament, entirely handwritten, dated, and signed by you with no witnesses and no notary, under Civil Code Article 1575, though it is not self-proving. This is a compact Louisiana skeleton for a notarial testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Louisiana in about a minute, and notarize it online through DocDraft if it does.

Louisiana Requirements for Last Will and Testament

Execute Before a Notary and Two Witnesses

A Louisiana notarial testament must be prepared in writing, dated, executed before a notary public in the presence of two witnesses, and signed by the testator, each witness, and the notary (La. Civ. Code Article 1576, as amended by Acts 2025, No. 30). This is a Louisiana-specific variance from common-law states, which require witnesses but not a notary.

Interested-Witness Rule Voids the Gift, Not the Will

A legacy to a witness or the notary is invalid, but a witness who would be an heir in intestacy may still take the lesser of that intestate share or the legacy; the testament itself is not invalidated (La. Civ. Code Article 1582). Do not use an intended beneficiary as a witness or notary.

Self-Proving Declaration or Affidavit

A notarial testament needs no further probate testimony if it is signed on every separate page and carries the declaration signed by the notary and witnesses, either in the testament or in an affidavit attached after execution (La. Code Civ. Proc. Article 2887(A)). Without it, the testament is still valid but must be proved at probate.

Olographic (Handwritten) Testament Is a Valid Alternative

An olographic testament must be entirely written, dated, and signed in the testator's own handwriting and is subject to no other formal requirement; no witnesses and no notary are needed (La. Civ. Code Article 1575). It is not self-proving, so at probate it must be shown to have been written and signed in the testator's hand.

Minimum Age Sixteen With Capacity to Comprehend

A minor who has attained age sixteen has capacity to make a testament (La. Civ. Code Article 1476), younger than the age 18 most states require. The testator must also be able to comprehend generally the nature and consequences of the disposition being made (Article 1477).

Revocation by Destruction, New Testament, Writing, or Divorce

A testament may be revoked by physical destruction, a subsequent incompatible testament or declaration, a signed writing clearly revoking it, or, as to a legacy or appointment naming a spouse, by divorce, unless the testator provides otherwise (La. Civ. Code Articles 1607-1608).

Appoint an Executor

Name an executor to administer your estate and a successor executor in case your first choice cannot or will not serve. Louisiana probate practice refers to this role for a testate succession as the executor, distinct from an administrator appointed when there is no valid testament.

Forced Heirship May Limit Your Bequests

Louisiana law reserves a protected share of the estate, the legitime, for certain forced heirs, generally children who are 23 or younger or of any age and permanently incapable of caring for themselves. A testament cannot freely disinherit a forced heir. Confirm the current Louisiana Civil Code forced heirship provisions, or consult an attorney, before finalizing bequests if you may have a forced heir.

Does your Last Will and Testament need to be notarized in Louisiana?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A Louisiana notarial testament needs two witnesses plus a notary public, and it is signed by the testator, each witness, and the notary (La. Civ. Code Article 1576). An olographic (handwritten) testament needs no witnesses at all, only your own handwriting, date, and signature (Article 1575). Do not name a beneficiary as a witness or notary; Article 1582 makes a legacy to a witness or the notary invalid.

Yes, for a notarial testament. Unlike most states, where witnesses attest a will without a notary, Louisiana's notarial testament must be executed before a notary public in the presence of two witnesses (La. Civ. Code Article 1576). If you instead write, date, and sign an olographic testament entirely in your own hand, no notary or witnesses are required (Article 1575).

Yes. Louisiana calls this an olographic testament. Under Article 1575 it must be entirely written, dated, and signed in your own handwriting, and it is subject to no other formal requirement, no witnesses and no notary. It is not self-proving, so at probate someone must prove it was written and signed in your handwriting.

Choose a notarial testament, executed before a notary public and two witnesses under La. Civ. Code Article 1576, or an olographic testament, entirely handwritten, dated, and signed by you under Article 1575. Name an executor, describe your bequests, and if you have children who may qualify as forced heirs, confirm current Louisiana forced heirship rules before finalizing your gifts.

You must be at least 16 years old and able to comprehend generally the nature and consequences of the disposition you are making (La. Civ. Code Articles 1476-1477). The testament must follow one of the two recognized forms, notarial (Article 1576) or olographic (Article 1575), and neither form allows an interested witness or notary to receive a valid legacy (Article 1582).

It is a declaration, signed by the notary and the witnesses, stating that the testator declared this instrument to be his testament and signed each page. Under La. Code Civ. Proc. Article 2887(A) it can appear in the testament itself or in an affidavit attached afterward, and it lets a notarial testament be admitted to probate without further testimony.

You must be at least 16 to make a testament (a donation mortis causa) in Louisiana, per La. Civ. Code Article 1476, younger than the age 18 required in most states. You must also be able to comprehend generally the nature and consequences of the disposition you are making, under Article 1477.

You can physically destroy the testament, make a subsequent incompatible testament or declaration, sign a writing that clearly revokes it, or, for the legacies and appointments naming a spouse, get a divorce, which revokes those provisions unless you state otherwise (La. Civ. Code Articles 1607-1608).