Essential laws about the Last Will and Testament Louisiana

A Last Will and Testament is not required in Louisiana but it is important to control the distribution of real and personal property after death. Without a Will, the state's intestacy rules will determine how the deceased's assets are distributed which may not match their wishes.

A Louisiana Will allows the testator to provide for their spouse children and other loved ones after their death. They can specify how their real estate personal property and bank accounts should be divided. Louisiana Wills can also be used for charitable purposes.

A last Will is different from a living Will. A living Will provides instructions for medical treatment if the individual becomes incapacitated. Louisiana's Living Will Law allows such a document to take effect throughout the person's lifetime if needed.

To create a valid last Will in Louisiana the testator must follow the state's requirements for either a notarial testament or a holographic testament. Not adhering to these requirements may invalidate the will leading to the distribution of assets according to Louisiana's intestate succession laws.

Do you need a last Will in Louisiana?

A Last Will and Testament is not required in Louisiana but it is recommended for the following reasons:

• Having a last will allows the testator to designate the executor or personal representative of their estate who will carry out their wishes. Without a Will, a court will appoint an executor.
• A Will allows the testator to specify how real estate personal property and bank accounts should be distributed after their death.
• Louisiana Wills also let a testator select a guardian for minor children and manage their possessions.
• The terms of a Will must be proven in probate court before acceptance. Louisiana identifies probate as a "succession proceeding" which is the court-supervised distribution of a deceased person's estate.
• To validate the Will the testator should file a "Petition for Probate of Testament" with the Louisiana court. A "notarial" Will be executed under Louisiana law and not handwritten is self-proven and legal. However holographic (handwritten) Wills require further proof to be valid.

Who can make a Louisiana Will?

To make a Will in Louisiana the testator must meet the following requirements:

• Unless drafting a Will for their spouse and children the testator must be at least 16 years old.
• The testator must be in "sound mind" meaning they understand their Will and its effects and are mentally capable of signing it.

Who should have a Will?

Louisiana residents over 16 should have a Last Will and Testament. This legal document communicates their preferences for their dependent's property and affairs after death.

Consider writing or modifying your Will when you face:

• Marriage or divorce.
• Age and recurring health concerns.
• Newborn childcare and inheritance.

Does Louisiana have a statutory Will?

Louisiana does not have a statutory Will. You can write one yourself or hire an attorney. Many people use online estate planning tools. If you choose to do it yourself you must use a Louisiana-compliant legal form-building service.

What types of Wills does Louisiana accept?

Louisiana law only allows two types of Wills: handwritten (holographic) testaments and notarial testaments (written Wills signed by the testator) (La. Civ. Code Ann. art. 1574). However it is recommended for everyone to understand the different types of Wills and Louisiana legislation.

Handwritten Will

A handwritten Will also known as a holographic testament must be entirely written dated and signed by the testator at the end (La. Civ. Code Ann. art. 1575).

Oral Will

An oral Will or nuncupative testament is only legally binding if it follows Art. 2884. It is best to avoid oral Wills due to their various restrictions. In Louisiana oral Wills are illegal according to Article 1574 of the LAC.

Contractual Will

Louisiana does not allow contractual Wills (La. Civ. Code Ann. art. 1574).

Electronic Will

Some states allow electronic Wills which are signed witnessed or notarized electronically. However, Louisiana does not allow electronic Wills.

Notarial Testaments (La. Civ. Code art. 1577.)

A Louisiana notarial Will must be written dated and signed by two witnesses.

Most Wills in Louisiana are notarial Wills. They must be signed and dated by the testator in the presence of two competent witnesses and a notary public. Louisiana requires the testator to sign each page of the Will. The testator witnesses and notary must remain in the room until all parties have signed otherwise the testament is considered an absolute nullity (La. Civ. Code art. 1577).

Can I make my own Will in Louisiana?

Yes. You can draft your own Louisiana Will. An attorney is not required to draft it for you. If you have chosen an executor to manage your estate know what assets you have and who will inherit them you can create a Will. Online estate plan drafting services allow you to change your Will whenever you desire. You can modify your will after the death or birth of a child. This eliminates the need for amendments that may get misplaced.

How can I validate my Louisiana Will?

To validate your Louisiana Will follow these legal requirements:

Signature

The testator must sign the Will in the presence of a notary public and two witnesses. The Will should be signed on each page and at the end.

Witnesses

Two competent witnesses and the testator must sign the Will. Using an interested witness does not invalidate your Will but they may receive the lesser of your Will's intestate share unless they are an heir in intestacy. It is best to use disinterested witnesses. Louisiana law does not allow witnesses who are insane blind deaf under the age of 16 or cannot read or sign their names.

Notary

A notary public must witness the execution of the Will the signatures and attest to it together with two witnesses.

Self-proving affidavit

Most states have a self-proving affidavit where witnesses verify the Will's execution before a notary public through a statement. A legitimate Will is self-proven by a signed and notarized declaration so witnesses do not have to testify in court. Louisiana does not have a self-proving affidavit. However, it requires the testator and witnesses to sign attestation provisions to validate a Will.

How much does a Will cost in Louisiana?

The average cost of writing a Will with an attorney in Louisiana ranges from $300 to $1,000. Setting up a trust costs between $1,000 and $3,000.

Must a handwritten Will be notarized?

A handwritten Will does not require notarization. In fact, a handwritten Will can be void if a notary signs it. Only the testator should sign a handwritten Will.

Is a handwritten Will valid in court?

A handwritten Will that includes pre-printed material may be considered invalid. The testator must handwrite the entire Will. Additionally unnotarized handwritten Wills are more difficult to prove as valid in court. For a holographic testament to be accepted in court it must be entirely in the testator's handwriting and witnessed by two competent witnesses.

What other Louisiana Estate Planning Documents should I have?

Having a Will provides peace of mind and helps your family after you pass away. However, there are other estate planning documents that may be useful during your lifetime.

Power of Attorney

This legal document allows you to assign a trusted person to handle your finances. It can be useful in case of disability or for convenience. A fiduciary agent is obligated to serve your best interests. You can decide what powers to grant to the agent.

Health Care Directive

Also known as a living Will or advance medical directive this document allows you to assign a person who can make health care treatment decisions on your behalf. It also lets you provide instructions about end-of-life and life-sustaining treatments.

What happens if you die without a valid Will?

If a person dies without a valid Will, also known as dying "intestate," the distribution of assets must follow the state's intestacy laws. In Louisiana, the surviving spouse's share may be determined based on the number of descendants, parents, or other close relatives.

• The spouse has the right to use community property (shared with the spouse) for life. The children inherit the decedent's share and separate property after the spouse dies.
• If there is a surviving spouse and parents (but no children) the spouse inherits the community property and the parents inherit the separate property. If there is a surviving spouse and siblings the siblings inherit instead of the parents.
• If a person dies without a willing spouse or children the parents can use the intestate property for life and the siblings inherit everything.
• Louisiana only allows Will contests by people with an interest in the succession case.

Exceptions to the ability to distribute property

Louisiana Wills do not transfer properties owned in joint tenancy with survivorship. In this case, the property automatically goes to the surviving owner. Community property if any may pass to the surviving spouse.

Who are forced heirs?

Louisiana has "forced heirship" which entitles certain heirs to a share of the estate.

At the time of the decedent's death forced heirs are descendants of the first degree who are:

• Twenty-three years old or younger
• Descendants of any age who are permanently incapable of caring for themselves
• Administering their estates due to mental incapacity or physical infirmity

How long is Louisiana probate?

The Louisiana "succession" or probate process can take anywhere from 6 months to 2 years.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice on your specific situation.