Estate Planning in Louisiana

Married with children (same marriage)

Children inherit naked ownership of the decedent's half of community property; surviving spouse receives a legal usufruct (right to use and enjoy) over that share, which terminates on death or remarriage. Separate property goes entirely to the children.

Married with children from a prior relationship

Same rules apply — children inherit naked ownership of the decedent's community property share subject to the surviving spouse's usufruct. There is no distinction based on whether children are from the current or a prior marriage. Separate property goes to the children. The usufruct still terminates on death or remarriage.

Married, no children

Surviving spouse inherits the decedent's share of community property outright. Separate property goes to the decedent's parents or siblings (subject to a usufruct in favor of surviving parents if siblings also survive). If no parents, siblings, or their descendants survive, the spouse inherits the separate property as well.

Single with children

Children inherit everything equally. If a child predeceased the decedent, that child's share passes by representation to their descendants.

Single, no children

Parents inherit equally. If only one parent survives and there are siblings, the parent shares with the siblings (parent gets usufruct, siblings get naked ownership of separate property). If no parents survive, siblings inherit. The chain continues through increasingly distant relatives. If no relatives can be found, the estate escheats to the state.

What makes a will valid

Louisiana recognizes two forms of testaments. A notarial testament must be written, dated, and signed by the testator before a notary and two competent witnesses, all of whom must also sign. An olographic testament must be entirely handwritten, dated, and signed by the testator — no witnesses or notary required. As of August 2025 (Act 30), the signature and date may appear anywhere in the document for both forms.

What people think

That Louisiana wills follow the same rules as other states — two witnesses and a notary, and you're done. Or that a typed will signed and notarized is valid.

What actually happens

Louisiana's testament requirements are rooted in civil law and are fundamentally different. A typed document signed only by the testator and a notary is not a valid notarial testament (witnesses are also required) and is not a valid olographic testament (it's not handwritten). The 2025 reforms relaxed some formalities but did not eliminate the core requirements.

Common failure

Using out-of-state forms or online templates that don't comply with Louisiana's testament requirements. A will valid in Texas or California may not be valid in Louisiana. The most common failure is producing a typed, witnessed document that technically satisfies neither the notarial nor the olographic requirements.

When a trust is better

When you need to avoid succession proceedings entirely, when you own property in multiple states, when you want to structure distributions to children over time, or when you need to manage a forced heir's share through a legitime trust. Note: trusts do NOT override forced heirship in Louisiana.

Execution checklist

1. Choose the correct form: notarial (recommended) or olographic
2. For notarial: have the testator sign each page in the presence of a notary and two competent witnesses
3. Ensure the notary and both witnesses also sign the testament
4. For self-proving status: include the declaration required by CCP Art. 2887 and have the testator sign each page
5. For olographic: write the ENTIRE document by hand — no typed, printed, or computer-generated text
6. Date and sign the olographic testament (signature and date may appear anywhere per 2025 reform)
7. Address forced heirship: identify all children and provide for forced heirs' legitime
8. Store the original securely — Louisiana has a Secretary of State will registry for recording the testament's location

What it does

Grants authority to a named representative (mandatary) to manage financial, legal, and optionally healthcare affairs on behalf of the principal. Louisiana uses the terms 'mandate' (a contract) and 'procuration' (a unilateral grant of authority) rather than 'power of attorney.'

Key rule

Durability is the default in Louisiana. A mandate does not terminate on the principal's incapacity unless the document expressly says otherwise. This is the opposite of most states, where a power of attorney requires specific 'durable' language to survive incapacity.

Real-world friction

If the mandate authorizes real estate transactions, it must be executed in authentic act form (before a notary and two witnesses). A simple signed document — even one labeled 'durable power of attorney' — cannot authorize the sale of immovable property. Banks and financial institutions may also reject out-of-state POA forms that don't use Louisiana terminology.

Common mistake

Using an out-of-state power of attorney form and assuming it works in Louisiana. Louisiana's civil law system uses different terminology and different execution requirements. A document that doesn't reference 'mandate' or 'procuration,' or that isn't in authentic act form when required, may be rejected by Louisiana institutions.

What it covers

Your preferences for withholding or withdrawing life-sustaining procedures when you have a terminal and irreversible condition, certified by two physicians.

What's different

Louisiana separates the declaration (your written instructions about end-of-life care) from the healthcare mandate (who makes decisions for you). You should have both. Additionally, Louisiana maintains a Secretary of State registry where you can file your declaration and receive an identification card and bracelet — a centralized system that most states lack.

Execution requirements

Two witnesses required. Notarization is not required. The declaration can be written, oral, or made by other means of nonverbal communication. The healthcare mandate (medical POA) should be in writing and ideally executed before a notary and two witnesses.

Common misunderstanding

Confusing a financial mandate (procuration) with a healthcare mandate. They are separate documents with entirely different legal authority. A financial mandate does not give your representative the right to make medical decisions, and a healthcare mandate does not give your representative access to your bank accounts. Without a healthcare mandate, medical decisions default to a statutory priority list — and if multiple people in the same class disagree, the majority rules.

When required

When assets are held solely in the decedent's name without a beneficiary designation, transfer-on-death designation, or joint ownership. In Louisiana, this process is called 'succession,' not probate.

What makes Louisiana different

Louisiana's succession system is fundamentally different from every other state's probate process. It operates under civil law principles, uses different terminology, and the most common path — unadministered succession (simple putting in possession) — can be completed in as little as 30 days when all heirs agree and the estate is solvent. No executor is appointed in an unadministered succession; the court simply places heirs in possession.

Probate paths

What people get wrong

Assuming Louisiana succession works like probate in other states. The terminology, procedures, and timelines are completely different. Many families also fail to open a succession at all, which creates title problems that compound over generations — especially with immovable property (real estate).

When a trust is useful

Avoiding succession proceedings, managing distributions to children over time, protecting a disabled forced heir's government benefits through a special needs trust, holding property in multiple states, or maintaining privacy (testaments become public record when filed for succession).

When a trust is unnecessary

Simple estates with a properly executed notarial testament, cooperative heirs, and assets primarily in Louisiana. The unadministered succession process is efficient enough that many estates don't justify the cost and complexity of establishing and funding a trust.

Key mistake

Assuming a trust can override forced heirship. In Louisiana, assets transferred to a trust are still subject to forced heirship reduction. A forced heir can claw back assets placed in trust that violate the legitime. The trust is useful for managing HOW the forced portion is delivered — through a legitime trust — but it cannot eliminate the forced heir's right to receive it.

Using out-of-state will forms or online templates

Louisiana's testament requirements are unique to its civil law system. A will that's valid in every other state may be completely invalid in Louisiana if it doesn't meet notarial or olographic testament requirements.

Ignoring forced heirship

If you have children under 24 or permanently incapacitated children, they are forced heirs. A will that leaves nothing to forced heirs will be reduced — the forced portion will be taken from the disposable portion regardless of the testator's wishes.

Assuming the surviving spouse 'inherits' community property

In intestacy, the surviving spouse receives a usufruct (right to use) — not ownership — of the decedent's half of community property. This terminates on remarriage. The children hold naked ownership from day one.

Confusing 'usufruct' with 'ownership'

A usufruct gives the right to use and enjoy property, but the usufructuary cannot sell, mortgage, or destroy it without the naked owners' consent. This distinction is critical for surviving spouses managing the family home.

Executing a mandate (POA) without authentic act form when real estate authority is needed

If the mandate authorizes selling immovable property, the mandate itself must be executed before a notary and two witnesses. A simple signed document cannot authorize real estate transactions in Louisiana.

Assuming a trust overrides forced heirship

Louisiana forced heirs can reduce donations — including transfers to trusts — that exceed the disposable portion. Trusts are useful for managing how the forced portion is delivered, but they cannot eliminate a forced heir's right to receive it.

Never opening a succession

Many Louisiana families skip the succession process entirely, creating title problems that compound over generations. When immovable property passes without formal succession, heirs end up with undivided fractional interests that become increasingly difficult to clear.