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Quick and convenient Louisiana wills

When you die without a will, Louisiana follows intestate succession laws to distribute your property. The process, called succession, is known as probate in other states. The court also determines who will be a guardian, called tutor in Louisiana, for your minor children. With a will, you are in control of your property distribution and the guardian of your children.

With FindLaw, you can easily create a will. Click on the links below to jump down the page:

Last updated: January 24, 2022

Written by:

Catherine Hodder, Esq.

Senior Legal Writer

Reviewed by:

John Devendorf, Esq.

Contributing Author

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How It Works

It only takes minutes to control your future. Need help? Contact one of our directory attorneys.

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time.

Gather information

You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.

Complete your documents

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.

How do I make my Louisiana will?

If you want a will, you can hire a lawyer or use a will form from a reliable source. If you use a form, follow these steps:

List your property and decide who you want to inherit your property

The first step is to categorize your separate property from your community property. Your separate property is the property you acquired before marriage or property given by gift or inheritance to you individually. Community property is property acquired during the marriage.

Your spouse receives all community property if there are no descendants. However, if there are descendants, the surviving spouse gets a life estate or “usufruct” over the community property. “Usufruct” entitles your spouse to enjoy your property and any income from that property for their lifetime. This life estate ends when the spouse dies or remarries.

If you do not have a will, your separate property goes first to your children and descendants. Your spouse will only receive your separate property if you make a will and grant “usufruct” to your spouse.

Choose your beneficiaries

In Louisiana, beneficiaries inheriting under the will are known as testate successors or legates. Your beneficiaries inherit after debts, taxes, and after your spouse and any forced heirs.

You may want to give your separate property to someone outside your family, such as a charity. If so, you must do so under a will or other estate planning tool.

Name your executor or succession representative

A succession representative is Louisiana’s term for a personal representative or executor. This is a person who administers your succession and distributes your property.

Name a guardian or tutor for your children

If you have children under 18 years of age, you will want to name a guardian, called a tutor in Louisiana. The tutor manages your children’s education, healthcare, support, and maintenance.

Print and sign the document in front of witnesses

If you can read and are physically able to do sign your name, you can sign your notarial testament in front of two competent witnesses and a notary. If you do not have those abilities or are blind or deaf, you must follow other requirements for making a will valid. It is critical to sign each page and at the end of the testament. Additionally, you will want to declare to a notary and 2 competent witnesses that the notarial testament is your testament and have them witness your signature.

You may want to speak with a lawyer if you:

Have a past divorce, blended family, or other complex family situation
Have a high-value estate
Own a business
Want to create a special needs trust
Want legal review of your completed will

Find a local estate planning lawyer

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Louisiana will commonly asked questions

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Can I use a free online form to make a will?

You can find many “free” forms and templates online. However, boilerplate forms do not address complex Louisiana statutes for property disposition. Louisiana has strict requirements for the writing and signing of notarial wills. Make sure your will is tailored to your needs and you take the steps to make it legally valid in Louisiana.

Do I need a lawyer for a will?

You do not need a lawyer to draft a will in Louisiana. A valid will is a statement of your wishes that conforms to the laws of your state. You can write your own will or go through FindLaw’s simple online process to create your will.

FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you have specific concerns about your will, consider contacting a Louisiana estate planning lawyer to review your document.

Can I change or update my Louisiana will?

As your circumstances change, you may want to change your executor, guardian, or beneficiaries. You can change your will by revoking it and drafting a new one. The benefit of using FindLaw is that we save your will. So, if you ever need to make a change, simply update the document, and have two witnesses and a notary witness your signatures on the new will.

How do I make a will valid in Louisiana?

Louisiana has strict requirements for executing a will. First, you must be able to sign your name, read, and are physically able to do both. Second, you must sign in front of two competent witnesses and a notary. Third, you must acknowledge to them that this is your testament. Then you must sign your will at the end and on each separate page of the will.

Can I disinherit my children in Louisiana?

Louisiana has laws regarding “forced heirs.” In Louisiana, you cannot disinherit children under the age of 23 or adult children with mental or physical disabilities such that they cannot support themselves. If you have forced heirs, you must give a portion of your estate to those children. However, any portion given to a forced heir is subject to your spouse’s life estate or “usufruct.”

What other estate planning documents should I have in Louisiana?

While a will is essential, it is only part of a complete estate plan in Louisiana. In addition, you should plan for what will happen if you can’t make financial or medical decisions due to an extended illness or incapacity.

A power of attorney, called a mandate in Louisiana, is a document that gives your agent, or mandatary, the authority to manage your finances and your property.

A medical power of attorney, or health care power of attorney in Louisiana, allows you to name an agent to make medical decisions for you.

An advance directive, also called a living will, appoints a healthcare agent to follow your wishes for end-of-life care.

Want an attorney to review your will?

Contact an experienced estate planning lawyer near you.