Estate plan requirements

Louisiana

Everything you need to create a valid estate plan in Louisiana: wills, trusts, powers of attorney, and healthcare directives.

Will

2W + N

Trust

2W + N

POA

2W + N

HC Directive

2W

E-will

Not adopted

Online notary (RON)

Not authorized

Remote witnessing (ROW)

Not authorized

Community property

Yes

Minimum age

16

Louisiana minimum

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses— = no formal requirements
1

Will

Witnesses: 2 required

Two witnesses required for notarial will (must be signed before licensed notary)

Notarization: Required

Required for valid execution

Holographic will: Valid

Handwritten wills without witnesses are recognized in Louisiana

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

State-specific notes

•Louisiana uses civil law (Napoleonic Code) — unique in the US
•Standard printed will is NOT legally valid in Louisiana
•Only notarial wills (signed before a licensed notary + 2 witnesses) or entirely handwritten olographic wills are recognized
•Forced heirship: children under 24 are entitled to a minimum share of the estate
•Not available in this product
2

Living Trust

Witnesses: 2 required

Inter vivos trust must be created by authentic act or private signature executed before 2 witnesses and acknowledged by the settlor (La. R.S. 9:1752)

Notarization: Required

Required for valid trust execution

State-specific notes

•Louisiana civil-law execution formalities apply — standard common-law notary-only execution is insufficient
•Authentic act requires a licensed notary + 2 witnesses; the notary must attest the act
•Not available in this product
3

Durable Power of Attorney

Witnesses: 2 required

Louisiana requires 2 witnesses for power of attorney execution

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

•Requires notarization AND two witnesses — La. Civ. Code Art. 2993
•Louisiana civil law system — mandate (POA) must be executed as an authentic act for real property transactions
•Durability must be explicitly stated
4

Living Will Declaration

Official name: Living Will Declaration

Statute: La. R.S. 40:1151.1 et seq.

Witnesses: 2 required

Two witnesses required — La. R.S. 40:1151.1 et seq.

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

•Witnesses cannot be the agent or healthcare providers

Community property

Louisiana is a community property state. Assets acquired during marriage are jointly owned by both spouses. This affects all four estate planning documents.

Married couples should consider how community property rules interact with their will, trust, power of attorney, and healthcare directive to ensure consistent coverage.

Electronic will status

Louisiana has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Louisiana for guidance specific to your situation.

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