Skip to main content
Louisiana Will Requirements
Support GuideLouisiana10 min read

Louisiana Will Requirements

Louisiana will requirements explained: the handwritten olographic testament and the notarial testament signed before a notary and two competent witnesses.

By Settled Editorial

Louisiana will requirements work differently from the rest of the country, because Louisiana follows a civil-law system and calls a will a testament. Two forms count, and only two. You can make an olographic testament, which you write, date, and sign entirely in your own hand, or a notarial testament, which you prepare in writing and date and sign before a notary and two competent witnesses who then sign an attestation clause. Anything outside these two forms does not make a valid Louisiana will. (See La. Civ. Code art. 1574 and art. 1575.)

Use this page as a planning map, not as legal advice or a do-it-yourself signing kit. Louisiana courts hold testaments to strict formalities, and a small signing error can make the whole document fall apart. When property, a blended family, or a possible dispute is involved, confirm your plan with a licensed Louisiana attorney before you sign.

This guide pairs with the Louisiana probate guide for what happens after death, and with the Louisiana intestate succession guide for who inherits when no valid testament exists.

The Two Forms of a Louisiana Testament

Louisiana recognizes a will only in the forms the law authorizes. A disposition that takes effect at death may be made only as a testament authorized by law, and there are two: the olographic testament and the notarial testament. (Source: La. Civ. Code art. 1570 and art. 1574.)

Here is why the form matters so much. Louisiana does not accept oral wills, video wills, joint wills made by two people in one document, or a testament signed by an agent on your behalf. A testament may not be executed by a mandatary on your behalf, and not more than one person may execute a testament in the same instrument. (Source: La. Civ. Code art. 1571.)

The penalty for getting the form wrong is steep. The formalities the law sets for executing a testament must be observed, or the testament is absolutely null. (Source: La. Civ. Code art. 1573.) That single rule is the reason the rest of this page reads like a checklist.

The Olographic Testament (Handwritten)

The olographic testament is the simplest Louisiana will to make, and the easiest to get wrong. It must be entirely written, dated, and signed in the handwriting of the testator. It is subject to no other requirement as to form, which means it needs no notary and no witnesses to be valid. (Source: La. Civ. Code art. 1575.)

Let's break it down:

  • Entirely handwritten. The whole document must be in your own handwriting. A typed page, or a printed form with handwritten blanks, is not an olographic testament.
  • Dated. The testament must carry a date. The date can appear anywhere in the document, and it counts as sufficient when the day, month, and year are reasonably ascertainable from the testament, with outside evidence if a court needs it.
  • Signed at the end. You must sign at the end of the testament. If you write anything after your signature, the testament is not automatically void, and a court may treat that later writing as part of the testament at its discretion.
  • Changes in your hand. Additions and deletions count only when made by your own hand.

An olographic testament is a real option, and it costs nothing to make. It is also the form most often challenged after death, because no notary or witness watched you sign it. Handwriting and intent both have to be proved in court before the testament is probated. Many people choose the notarial form for that reason.

The Notarial Testament (Notary and Two Witnesses)

The notarial testament is the form most Louisiana estate plans use. It 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. (Source: La. Civ. Code art. 1576.)

In practice, the standard signing works like this:

  1. Declare it before a notary and two witnesses. In the presence of a notary and two competent witnesses, you declare or signify that the instrument is your testament.
  2. Sign the testament. You sign your name, and your signature may appear anywhere in the testament as long as it identifies you and shows you meant to adopt the document as your testament.
  3. Date the testament. The notarial testament must be dated. The date may appear anywhere in the testament and may be clarified by extrinsic evidence.
  4. The attestation. The notary and both witnesses then sign as well.

If you are unable to sign, you may affix your mark in place of signing, or direct another person to sign on your behalf and in your presence. (Source: La. Civ. Code art. 1576.)

A 2025 revision (Acts 2025, No. 30) rewrote and simplified these rules and folded the old separate signing procedures into a single article. The two parts that still trip people up most: the testament must be dated, and the notary, both witnesses, and you all have to take part in the same signing. Louisiana courts read these formalities closely, so a missing date or a botched execution can sink an otherwise careful will.

Testators Who Cannot Sign in the Usual Way

A physical or sensory limitation does not block a valid Louisiana will. Before the 2025 revision, the Civil Code set out a string of separate articles (arts. 1577 through 1580.1) for testators who could not sign or read in the usual way. Acts 2025, No. 30, repealed those separate articles and folded the accommodation into the single notarial-testament rule.

Under the current law, if you are unable to sign, you may affix your mark in place of signing, or direct another person to sign on your behalf and in your presence. (Source: La. Civ. Code art. 1576.)

If a limitation affects how you or a family member can sign or read a testament, work with a notary and an attorney who handle these situations, because the safe execution steps depend on the facts.

Who Can Be a Witness

The notarial testament needs two competent witnesses. (Source: La. Civ. Code art. 1576.) Competence is the floor, but it is not the whole story. Picking the wrong witness can cost a beneficiary a gift.

A safer practice is to use witnesses who do not inherit anything under the testament. When a witness, or the notary, also receives a legacy, that legacy can be invalid even though the rest of the testament stands. Choosing two disinterested, reachable witnesses removes that risk and keeps the signing clean if anyone challenges the will later. Confirm the current witness rules with a Louisiana attorney before you sign.

Does a Louisiana Will Have to Be Notarized

It depends on which form you use. Here is the short answer:

  • Olographic testament. No notary and no witnesses. It is valid when it is entirely handwritten, dated, and signed by you. (Source: La. Civ. Code art. 1575.)
  • Notarial testament. Yes. A notary plus two competent witnesses are part of what makes the testament valid, not an optional add-on. (Source: La. Civ. Code art. 1576.)

This is the opposite of how many other states treat notarization, where the notary only powers an optional self-proving step. In Louisiana, the notary is built into the notarial form itself.

Forced Heirship Limits What You Can Give Away

A valid testament still cannot override one Louisiana rule that surprises people from other states: forced heirship. Certain children, those 23 or younger, or of any age if permanently unable to care for themselves or their property because of a disability, are forced heirs who are entitled to a protected share called the legitime. A testament cannot freely disinherit a forced heir except for narrow legal causes.

What this means for your plan: even a perfectly executed Louisiana will has to respect the legitime. For how property passes when there is no will, and how forced heirship and a surviving spouse's usufruct work, see the Louisiana intestate succession guide. Confirm any plan that touches forced heirs with a Louisiana attorney.

What This Means for Your Plan

If you want a Louisiana testament that holds up, the cleanest version usually looks like this:

  1. Decide on the form. Most people choose a notarial testament for the witness and notary protection.
  2. For an olographic testament, write the entire document by hand, date it, and sign at the end.
  3. For a notarial testament, declare it before a notary and two competent, ideally disinterested, witnesses, prepare it in writing and date it, sign it, and have the notary and both witnesses sign as well.
  4. Respect forced heirship and the legitime when you decide who gets what.
  5. Store the original safely and tell your succession representative where it is, because the parish court probates the original.

A testament is one piece of a Louisiana estate plan. For the broader picture of how an estate moves through the parish courts, start at the Louisiana probate guide, and see the Louisiana intestate succession guide for what happens when no valid testament exists. For the full county and parish directory, visit the Louisiana succession and probate hub.

This guide is general information about Louisiana testaments. It is not legal advice. Confirm anything that affects your situation with the parish court or a licensed Louisiana attorney before you sign or rely on a testament.

Sources

  • Title: La. Civ. Code art. 1570, Testaments; form. Publisher: Louisiana State Legislature (Louisiana Laws). Publication Date: Current official code, accessed 2026-06-14. URL: https://legis.la.gov/Legis/Law.aspx?d=108895
  • Title: La. Civ. Code art. 1571, Testaments with others or by others prohibited. Publisher: Louisiana State Legislature (Louisiana Laws). Publication Date: Current official code, accessed 2026-06-14. URL: https://legis.la.gov/Legis/Law.aspx?d=108896
  • Title: La. Civ. Code art. 1573, Formalities. Publisher: Louisiana State Legislature (Louisiana Laws). Publication Date: Current official code, accessed 2026-06-14. URL: https://legis.la.gov/Legis/Law.aspx?d=108898
  • Title: La. Civ. Code art. 1574, Forms of testaments. Publisher: Louisiana State Legislature (Louisiana Laws). Publication Date: Current official code, accessed 2026-06-14. URL: https://legis.la.gov/Legis/Law.aspx?d=108899
  • Title: La. Civ. Code art. 1575, Olographic testament; requirements of form. Publisher: Louisiana State Legislature (Louisiana Laws). Publication Date: Current official code, accessed 2026-06-14. URL: https://legis.la.gov/Legis/Law.aspx?d=108900
  • Title: La. Civ. Code art. 1576, Notarial testament; requirements of form (amended by Acts 2025, No. 30, which consolidated the notarial-testament rules and repealed arts. 1577-1580.1). Publisher: Louisiana State Legislature (Louisiana Laws). Publication Date: Current official code, accessed 2026-06-14. URL: https://legis.la.gov/Legis/Law.aspx?d=108901
  • Title: La. Civ. Code art. 1577, Requirements of form (notarial testament) [Repealed by Acts 2025, No. 30, sec. 3]. Publisher: Louisiana State Legislature (Louisiana Laws). Publication Date: Current official code, accessed 2026-06-14. URL: https://legis.la.gov/Legis/Law.aspx?d=108902
  • Title: Louisiana State Legislature, Civil Code law search. Publisher: Louisiana State Legislature (Louisiana Laws). Publication Date: Current official code, accessed 2026-06-14. URL: https://www.legis.la.gov/legis/LawSearch.aspx

Information current as of June 14, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Louisiana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

Need Help With Your Probate Case?

Take our free assessment to understand your options and get personalized guidance for your situation.