Estate plan

Louisiana

Everything to plan your estate in Louisiana: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Louisiana, all for $29/year.

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Louisiana content last reviewed May 18, 2026.

Will

2W + N

Trust

2W + N

POA

2W + N

HC Directive

2W

E-will

Not adopted

RON

Enacted

Effective 2022-02-01

ROW

Not allowed

Remote online witnessing

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

La. Civ. Code Arts. 1570-1611 (notarial testament Art. 1576; olographic testament Art. 1575)

Witnesses: 2 required

Notarial testament under La. Civ. Code Art. 1576 (Acts 2025, No. 30, eff. 8/1/2025): prepared in writing, dated, executed before a notary public in the presence of two competent witnesses, and signed by the testator, each witness, and the notary. The signature and date may appear anywhere in the testament. An attestation clause is no longer required for validity but is required for the testament to be self-proving under La. C.C.P. Art. 2887(A).

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
Only notarial wills under La. Civ. Code Art. 1576 (executed before a Louisiana-licensed notary + 2 competent witnesses) or olographic wills under Art. 1575 (entirely handwritten, dated, and signed) are recognized; a common-law attested will signed only before witnesses is not a recognized form in Louisiana
Forced heirship: children 23 or younger, and children of any age permanently incapable of caring for themselves or administering their estates, are entitled to a minimum share (La. C.C. art. 1493)
Act 30 of the 2025 Regular Session (SB 49), effective 8/1/2025, repealed Arts. 1577 through 1580.1 and rewrote the notarial-will execution rules under Art. 1576; the new rules apply both retroactively and prospectively (Act 30, §4)
ViewWitness disqualification / interested-witness rule
Witness incompetence: La. Civ. Code art. 1581 (as amended by Acts 2025, No. 30) bars persons who are insane, blind, under the age of 16, or unable to sign their name. The pre-Act-30 bar on witnesses who are deaf or unable to read was eliminated. Interested-witness rule: La. Civ. Code art. 1582 — a legacy to a witness, or to a witness's spouse, may be void as to that witness but does not invalidate the testament itself.
2

Living Trust

Witnesses: 2 required

La. R.S. 9:1752 provides exactly two pathways for creating an inter vivos trust: (1) by authentic act, or (2) by act under private signature executed in the presence of two witnesses and either duly acknowledged by the settlor or supported by the affidavit of one of the attesting witnesses. The acknowledgment-by-settlor and the witness-affidavit alternatives both modify the single private-signature-with-two-witnesses pathway; there is no separate 'private signature acknowledged before a notary' route that bypasses the two-witness requirement.

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
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

La. Civ. Code Art. 2993 conditions the form of a mandate on the form required for the authorized act: 'When the law prescribes a certain form for an act, a mandate authorizing the act must be in that form.' It does not impose a universal notary-plus-two-witness rule on every mandate
Louisiana is a civil-law system. Where the authorized act requires an authentic act (alienating, encumbering, or leasing immovables under Art. 1839; certain donations under Art. 1541; matrimonial agreements; etc.), the mandate must itself be executed as an authentic act before a Louisiana-licensed notary and two competent witnesses
Will.com drafts the Louisiana Mandate as an authentic act so that every authorized act, including immovable-property transactions, is covered. A non-authentic-act mandate would limit the agent's authority to acts not requiring authentic-act form
Durability is the default rule, not an opt-in. La. Civ. Code Art. 3026 provides that 'in the absence of contrary agreement, neither the contract nor the authority of the mandatary is terminated by the principal's incapacity, disability, or other condition that makes an express revocation of the mandate impossible or impractical.' The Will.com Mandate is durable as a matter of background civil-law rule; an express durability recital is belt-and-suspenders, not a statutory prerequisite
4

Living Will Declaration

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

Witnesses: 2 required

Louisiana requires 2 witnesses

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

Two competent witnesses required. La. R.S. 40:1151.1 et seq.
Statutory witness disqualifications (La. R.S. 40:1151.1, defining 'witness'): a witness must be a competent adult who is NOT related to the declarant or qualified patient by blood or marriage, and is NOT entitled to any portion of the estate of the person from whom life-sustaining procedures are to be withheld or withdrawn. Louisiana statute does NOT bar (a) holders of a claim against the estate, (b) the named health-care agent, or (c) the declarant's treating health-care providers from serving as witnesses; common practice still avoids using treating providers, but it is not a statutory requirement
ViewWitness disqualification recital
La. R.S. 40:1151.1: a 'witness' to a Louisiana declaration concerning life-sustaining procedures must be a competent adult who is NOT (a) related to the declarant or qualified patient by blood or marriage, or (b) entitled to any portion of the estate of the person from whom life-sustaining procedures are to be withheld or withdrawn upon his decease. The statute does NOT additionally bar persons who hold a claim against the estate.
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Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Secure online storage
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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Community property

Louisiana is a community property state. Assets acquired during marriage are jointly owned by both spouses. This affects every document in your estate plan.

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.

Digital assets access

Louisiana has not adopted RUFADAA. Executor access to digital accounts may be limited by each provider’s terms of service. Consult a local attorney for guidance on digital asset planning.

Remote online notarization (RON)

Louisiana authorized RON in 2020. The law took effect on February 1, 2022. Louisiana's Online Notarial Acts Act (La. R.S. 35:621 et seq.) was enacted by Act 254 of the 2020 Regular Session but the operative Chapter 10 did not become effective until February 1, 2022. R.S. 35:623 categorically excludes from RON: testaments and codicils, donations inter vivos, authentic acts conveying or encumbering immovable property, matrimonial agreements, acts of trust, and any other authentic act required by the Civil Code to be in authentic-act form. The Will.com Mandate (durable POA) is drafted to be executed in authentic-act form under La. Civ. Code Arts. 1833 and 2993; because the execution block is titled 'Authentic Act' on its face, R.S. 35:623(C) bars RON regardless of which express powers are granted or struck through. The Mandate must be executed in person before a Louisiana-licensed notary and two competent witnesses. A non-authentic-act mandate (private writing) is conditionally permitted under Art. 2993 only for acts that the underlying authorized act does not itself require to be in authentic-act form; in those narrow cases RON would be theoretically available, but the Will.com product always drafts in authentic-act form.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

Remote online witnessing (ROW)

Louisiana does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

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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