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Louisiana is the one state where almost nothing you have read about wills applies. It runs on civil law, not common law. It has testaments, not wills, and only two valid forms of them. It requires a notary where every other state is satisfied with two witnesses. And it is the only state that still limits who you may disinherit — children 23 and younger are forced heirs with a reserved share you cannot take away without just cause. Louisiana also rewrote this entire area of law on August 1, 2025, repealing five Civil Code articles and making the change retroactive. Every rule below cites the Louisiana Civil Code.
You can draft a Louisiana testament online — but you cannot finish it at your kitchen table.
A Louisiana notarial testament must be signed in front of a notary public and two witnesses (Civ. Code art. 1576). An online service prepares the document; the signing ceremony still has to happen before a notary. Budget for that step, because in the other 49 states it does not exist.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Louisiana is the state where we most often say use an attorney — forced heirship and usufruct questions are not form-fillable, and we say so below.
Louisiana Has Exactly Two Forms of Testament
Article 1574 is four words long in substance: “There are two forms of testaments: olographic and notarial.” There is no third option. And article 1573 explains what happens if you miss the formalities:
“The formalities prescribed for the execution of a testament must be observed or the testament is absolutely null.” — La. Civ. Code art. 1573
“Absolutely null” means exactly what it sounds like. Louisiana has no harmless-error doctrine — no equivalent of the rule Oregon adopted in 2025 letting a court admit a defective document on proof of intent. A Louisiana testament either meets the form or it does not exist.
| Form | What it requires | Article |
|---|---|---|
| Olographic | Entirely written, dated and signed in the testator’s own handwriting. Subject to no other requirement of form. No notary, no witnesses. | art. 1575 |
| Notarial | 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. | art. 1576 |
Who can make a testament: a minor under 16 has no capacity to make a donation mortis causa except in favor of a spouse or children; a minor who has reached 16 does have capacity to make one (art. 1476). So a 16-year-old may make a Louisiana testament. Capacity also requires that the person “be able to comprehend generally the nature and consequences of the disposition that he is making” (art. 1477).
Who can witness: a person cannot be a witness if they are insane, blind, under the age of sixteen, or unable to sign their name (art. 1581). If a witness or the notary is also a legatee, the testament stays valid but that legacy is invalid — with a carve-out if the witness would have inherited anyway as an intestate heir (art. 1582).
Louisiana Overhauled Its Testament Law on August 1, 2025
Acts 2025, No. 30 — Senate Bill 49, introduced on the recommendation of the Louisiana State Law Institute — took effect August 1, 2025 and made the biggest change to Louisiana testament form in a generation. It repealed Civil Code articles 1577, 1578, 1579, 1580 and 1580.1 outright and rewrote articles 1575, 1576 and 1581.
Those five repealed articles were the separate notarial-testament forms: the general form, the form for a testator unable to read, the form for a testator unable to read or sign, the form for a testator who is deaf or deaf and blind, and the braille form. Each carried its own precise attestation clause. Getting the wrong one, or getting the wording wrong, made the testament absolutely null under article 1573 — and Louisiana probate litigation was full of exactly that.
What the 2025 act changed, specifically:
- The attestation clause requirement is gone. So is the requirement that the testator declare the instrument is his testament. Article 1576 now asks only that the testament be written, dated, executed before a notary and two witnesses, and signed by all four.
- The signature no longer has to be at the end. Under both articles 1575(B) and 1576(B), the signature “may appear anywhere in the testament and is sufficient if it identifies the testator and evidences an intent by the testator to adopt the document as the testator’s testament.”
- The date no longer has to be complete. Prior law required day, month and year. Now the date “may appear anywhere in the testament, may be clarified by extrinsic evidence, and is sufficient if it resolves those controversies for which the date is relevant” (arts. 1575(C), 1576(C)).
- One article now covers everyone. A testator who cannot sign may affix a mark or direct another person to sign on their behalf and in their presence (art. 1576(A)) — no separate special-form article required.
- Handwritten additions are easier. Additions and deletions made to an olographic testament after execution have effect if made by the testator’s hand, and need not comply with the formalities for executing a will or revoking a legacy (art. 1575(D)).
And it applies retroactively. Section 4 of Act 30 states that the act applies “both prospectively and retroactively” to all claims existing and pending on the effective date and all claims arising or filed after it. It does not revive already-prescribed claims and does not disturb matters settled by a final judgment. The practical consequence is unusual and worth saying plainly: a testament that was invalid under the old technical rules may be valid now. If a Louisiana testament was set aside or written off for a defective attestation clause, that conclusion may no longer hold.
Forced Heirship: the Rule That Exists Nowhere Else
In all 49 other states you may disinherit an adult child for any reason or none. Louisiana does not permit that for a defined class of children.
Who is a forced heir (art. 1493(A)): descendants of the first degree — your children — who at your death are twenty-three years of age or younger, or descendants of the first degree of any age who, because of mental incapacity or physical infirmity, are permanently incapable of caring for their persons or administering their estates at your death. Article 1493(D) clarifies that a person is 23 or younger until they turn 24.
Representation applies in limited cases: if a child predeceases you, their children step into forced-heir status only if that child would have been 23 or younger at your death (art. 1493(B)) — or, regardless of age, in favor of a grandchild who is permanently incapable (art. 1493(C)).
How much is reserved (art. 1495):
| Forced heirs surviving you | Maximum you may give away | Reserved (the legitime) |
|---|---|---|
| One | Three-fourths of your property | One-fourth |
| Two or more | One-half of your property | One-half, shared |
Article 1494 protects it: a forced heir “may not be deprived of the portion of the decedent’s estate reserved to him by law, called the legitime, unless the decedent has just cause to disinherit him.” Just cause is defined narrowly by statute — it is not a matter of preference.
Article 1496 adds that no charges, conditions or burdens may be imposed on the legitime except those expressly authorized by law — and it names two that are: a usufruct in favor of a surviving spouse, and placing the legitime in trust. That first exception is the standard Louisiana planning move for a couple with young children.
The practical read: if your youngest child is 24 or older and none of your children is permanently incapable, you have no forced heirs and complete freedom of disposition. If you have a 20-year-old, you do not.
Dying Without a Testament in Louisiana: the Remarriage Trap
Louisiana is a community property state, and its intestacy rules turn on the difference between community and separate property.
Community property, no descendants: the surviving spouse succeeds to the decedent’s share of the community property outright (art. 889). Straightforward.
Community property, with descendants: this is the one to understand. Under article 890, if you are survived by descendants, your surviving spouse gets a usufruct — the right to use and enjoy — over your half of the community property, to the extent you did not dispose of it by testament. Your children own it; your spouse uses it. And then:
“This usufruct terminates when the surviving spouse dies or remarries, whichever occurs first.” — La. Civ. Code art. 890
A surviving spouse who remarries loses it. The children take full ownership of the deceased spouse’s half of the community property on the day of the new marriage. A widow living in the family home under an intestate usufruct can lose the right to live there by remarrying — and this is the default, applying automatically whenever there is no testament.
A testament can fix it. A Louisiana testator may grant the surviving spouse a usufruct for life, expressly not terminating on remarriage, and article 1496 permits that usufruct even over the forced heirs’ legitime. That single clause is the most common reason a Louisiana couple with children needs a testament rather than nothing.
Separate property: descendants succeed to it in equal portions by heads, or by roots where representation applies (art. 888). If there are no descendants but a parent and a sibling survive, the siblings take the separate property subject to a usufruct in favor of the surviving parent or parents — joint and successive if both survive (art. 891).
Louisiana Has No Inheritance or Estate Tax
Louisiana’s inheritance tax was repealed and does not apply to deaths on or after July 1, 2004, and Louisiana has no estate tax. The Louisiana Department of Revenue confirms that no inheritance tax is imposed. Only the federal estate tax can reach a Louisiana succession, and it applies to very few. Compare the states in our state-by-state comparison.
What a Testament Costs in Louisiana
| Route | Typical cost | What you get |
|---|---|---|
| Olographic (handwritten) | $0 | Valid if entirely written, dated and signed in your hand — the only genuinely free option, and the one most likely to be litigated |
| Online service + notary | $199 individual / $299 couple, plus the notary | A drafted document you must then execute before a notary and two witnesses |
| Louisiana attorney | Flat fees vary — New Orleans and Baton Rouge run above rural parishes | Drafting plus the notarial execution, forced-heirship analysis, and the spousal usufruct clause |
Online pricing verified against Trust & Will’s published rates (August 2026). The Louisiana State Bar Association publishes no fee survey, so we quote no attorney figures we can’t source. Note that many Louisiana attorneys are themselves notaries, which folds the execution step into the engagement. See how Louisiana compares with the rest of the country.
What a Louisiana Testament Does Not Do
1. It does not let you disinherit a forced heir. If you have a child 23 or younger, or a child of any age who is permanently incapable, the legitime is reserved to them by law regardless of what your testament says (arts. 1493–1495).
2. It does not avoid the succession process. Louisiana calls probate a succession, and it is a court proceeding on the public record. For the comparison, see what a living trust costs in Louisiana and our guide to avoiding probate.
3. It does not reach your spouse’s half of the community property. You can dispose of your half. The other half is already theirs.
4. It does not cover incapacity, and does not override beneficiary designations. Pair it with a power of attorney and a health care directive — see the five documents every family needs.
Testament vs. Trust for Louisiana Families
Every Louisiana adult needs a testament, and the case is stronger here than almost anywhere. Without one, a surviving spouse with children receives only a usufruct that ends on remarriage — a default most couples would never choose. A testament is also the only way to grant a lifetime usufruct, to place a legitime in trust, or to name a tutor for minor children.
Louisiana trusts are governed by their own Trust Code and interact with forced heirship in ways that have no analogue elsewhere. This is the state where we are least comfortable pointing you at a form. Start with Trust vs. Will: Which Does Your Family Need? and the numbers in our Louisiana living trust cost guide — then talk to a Louisiana attorney if you have young children, a blended family, or a business.
If a straightforward testament is what you need today, Trust & Will’s Louisiana package prepares the document — remember you must still execute it before a notary and two witnesses — start your Louisiana testament here.
FAQ
Does a Louisiana will have to be notarized?
A notarial testament must be executed before a notary public in the presence of two witnesses and signed by the testator, each witness and the notary (art. 1576). An olographic testament — entirely written, dated and signed in your own hand — needs no notary and no witnesses (art. 1575). Those are the only two forms Louisiana recognizes.
Are handwritten wills legal in Louisiana?
Yes. An olographic testament is one of Louisiana’s two official forms. It must be entirely written, dated and signed in the testator’s handwriting, and it is subject to no other requirement of form (art. 1575). Since August 1, 2025 the signature and date may appear anywhere in the document.
Can I make an electronic will in Louisiana?
No. Article 1574 recognizes only olographic and notarial testaments, and article 1573 makes any departure from the required formalities an absolute nullity. Louisiana has not adopted the Uniform Electronic Wills Act.
Can I disinherit my children in Louisiana?
Only some of them. Children 23 or younger at your death, and children of any age permanently incapable of caring for themselves or their estates, are forced heirs entitled to a reserved share — one-fourth of your property if there is one, one-half if there are two or more (arts. 1493, 1495). They can be deprived of it only for just cause to disinherit (art. 1494). Children 24 and older who are not incapacitated are not forced heirs.
What happens if I die without a testament in Louisiana?
Your descendants inherit your separate property (art. 888). Your half of the community property goes outright to your spouse if you have no descendants (art. 889) — but if you do have descendants, your spouse receives only a usufruct over it, which ends when they die or remarry, whichever comes first (art. 890).
Does Louisiana have an inheritance tax?
No. Louisiana’s inheritance tax does not apply to deaths on or after July 1, 2004, and the state has no estate tax.
Louisiana Law Cited on This Page
- La. Civ. Code art. 1574 — forms of testaments
- La. Civ. Code art. 1575 — olographic testament (amended by Acts 2025, No. 30)
- La. Civ. Code art. 1576 — notarial testament (amended by Acts 2025, No. 30)
- La. Civ. Code art. 1577 — repealed by Acts 2025, No. 30, § 3
- La. Civ. Code art. 1581 — persons incompetent to be witnesses
- La. Civ. Code art. 1493 — forced heirs
- La. Civ. Code art. 1495 — amount of the forced portion
- La. Civ. Code art. 889 — devolution of community property
- La. Civ. Code art. 890 — usufruct of the surviving spouse
- Acts 2025, No. 30 (SB 49), enrolled — the 2025 testament overhaul, effective August 1, 2025
Update log — August 2026: page created. Testament form, capacity, witness, forced-heirship and intestacy rules verified against the official Louisiana Civil Code as published by the Louisiana State Legislature, together with the enrolled text and résumé digest of Acts 2025, No. 30, effective August 1, 2025. Reviewed when Louisiana law changes.