Louisiana Last Will and Testament

Introduction

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).

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.