Louisiana Last Will and Testament

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Louisiana Last Will Introduction: State Laws and Regulations

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1 Louisiana Last Will Introduction: State Laws and Regulations
2 Louisiana Last Will and Testament Template
3 Making Changes to the Will
4 Frequently Asked Questions

The Secretary of State has two end-of-life registry programs. As directed by the Legislature and effected in 1982, the Secretary of State provides a registry, and the testator (the person writing their will) or their attorney may register information regarding the execution of the former’s Louisiana last will and testament.

Some key facts include:

  • This information is preserved in confidence until death
  • This information is only reported as indicated when referring to said person’s name, social security, or other identification.
  • This registry acts as the intended place for safekeeping and will include the name and address of the attorney, or another select person who has information regarding the location of the will

The Louisiana Legislature also states, since 1985, that the Secretary of State will have a registry for living will declarations. This written documentation instructs that said person does not wish to receive procedures in the case of a terminal illness or other condition. Once this is filed, they will receive an ID that says: “do not resuscitate.” Additionally, copies can be provided to physicians or other health care professionals for their records.

Louisiana Last Will and Testament Template

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Making Changes to the Will

You can adjust who inherits property in your will, no matter if you are married or unmarried. The majority of the time, couples execute their wills to give the other surviving partner their estate before another person. However, you have the right to leave your home and personal possessions to whoever you want.

Unless a forced heir, or the child of the deceased under the age of 24 and is permanently unable to care for themselves due to mental or physical incapability, then who gets your property after your death is subject to change.

Frequently Asked Questions

There are two basic requirements for a will to be valid in Louisiana and are as follows:

  • A statutory will must be written; any form is acceptable
  • All parties (for example, the testator, notary, attesting witnesses) must be literate

A few others discussed include:

  • They must sign in the presence of each other and at the end of the will
  • The testator must sign each separate sheet of the will

The fee to file a will registration form is $10; an additional $20 is applied for a certified copy. If you’re advised by an attorney, their fees are much higher and are either hourly or flat rates.

As per article 1577, the testament needs to be prepared in writing and dated. The notary and two witnesses will present themselves to the testator, who signifies that the instrument is the testament and signs, followed by the others in a specific fashion.

Louisiana allows testators to choose between a notarial will (as described above) or a handwritten will. However, specific requirements need to be met. They can be more hassle, and problems occur more frequently than notarial wills.

Yes, according to article 2883, a handwritten testament is legal. Two witnesses still need to prove the will’s legitimacy, and the testator must write, sign, and date the document. The court will need to analyze the written terms and listen to the witnesses’ testimonies to confirm everything is in order before proceeding.