Your Will, Done Right Under Louisiana Law
A will is the clearest instruction you can leave your family — but in Louisiana, the rules for what makes one valid are stricter than most people expect.
If you already have a will, there's a good chance it was drafted before your life looked the way it does now. If you've never had one, the state has a default plan ready to apply to your estate — and it may not match your wishes at all.
At Goode Tax and Estate Planning Law Group, we help individuals and families throughout Baton Rouge and Louisiana draft wills that hold up, and review existing ones that may not. Carl Goode has held the Super Lawyers designation for approximately 15 years, placing him in the top 5% of Louisiana attorneys — and every client works directly with Carl or Kim, not a paralegal.
Louisiana Has Two Types of Wills — and the Differences Matter
Most states follow a single will format. Louisiana recognizes two, and the requirements for each are specific.
Notarial Will
The most commonly recommended form. A notarial will must be typed, signed by the testator in front of a notary and two witnesses, and executed in a precise sequence. If any step is out of order or a signature is missing, the will may be invalid regardless of the testator's intent.
Olographic Will
An olographic will must be written entirely by hand, dated, and signed by the testator — no notary or witnesses required. While simpler to execute, it is also easier to challenge. A single typed line or printed page voids it entirely.
Most clients are better served by a notarial will. We'll help you understand which form fits your situation and make sure every requirement is met.
What Happens If You Die Without a Valid Will in Louisiana
Louisiana's intestate succession laws determine how your estate is distributed when no valid will exists. The result follows a fixed legal hierarchy — not your preferences, your family's circumstances, or your relationships.
Community property, separate property, forced heirship rights, and usufruct rules all interact under Louisiana succession law in ways that can produce outcomes families don't expect. A properly executed will is the clearest way to override those defaults and say directly what happens to what you've built.
For a full overview of what the succession process involves, see our Louisiana Succession and Probate page.
An Old Will Can Create New Problems
Many clients come to us not because they lack a will, but because they suspect the one they have may no longer reflect their life — or may not hold up under Louisiana's current requirements.
Common reasons to review an existing will:
- A marriage, divorce, or remarriage since the will was signed
- Children or grandchildren born after the document was drafted
- Significant changes in assets, property, or business ownership
- An executor or beneficiary who has died or is no longer the right choice
- A will drafted in another state that may not meet Louisiana's notarial or olographic requirements
If you're not sure whether your existing will is still valid, we'll review it and tell you plainly where it stands.
How the Process Works
1. Initial Consultation
We start with a free phone consultation to understand your family situation, assets, and goals. No paperwork required — just a conversation.
2. Will Drafting
We draft your will to meet Louisiana's notarial requirements, using plain language you can read and understand without a law degree.
3. Review and Execution
We walk you through the document before signing, answer every question, and coordinate the notarization and witnessing process so the execution is done correctly.
What a Properly Drafted Will Covers
A last will and testament is the foundation of any estate plan. Depending on your situation, your will may address:
- Who receives your property and in what proportions
- Guardianship designations for minor children
- Executor appointment — the person responsible for carrying out your wishes
- Specific bequests for property, heirlooms, or assets with personal significance
- Instructions that work alongside your trusts, beneficiary designations, and other planning documents
Frequently Asked Questions About Louisiana Wills
What makes a will valid in Louisiana?
Louisiana recognizes two valid will formats. A notarial will must be typed, signed by the testator in front of a notary and two competent witnesses, and executed in a specific legal sequence. An olographic will must be written entirely by hand, dated, and signed — no notary or witnesses required, but any typed or printed content voids it. Both formats have strict requirements, and errors in execution can render the document unenforceable.Do I need a notary for my will in Louisiana?
It depends on the type of will. A notarial will — the most common and most defensible form — requires a notary and two witnesses present at signing. An olographic will does not require a notary, but it must be written entirely in the testator's handwriting. For most people, a notarial will offers stronger protection against legal challenges.Is my out-of-state will valid in Louisiana?
Louisiana may recognize a will executed in another state if it was valid under that state's laws at the time of execution. However, if it doesn't also meet Louisiana's notarial or olographic requirements, it can be more vulnerable to challenge. We recommend having any out-of-state will reviewed before assuming it will hold up here.How often should I update my will?
Revisit your will after any major life change — marriage, divorce, the birth of a child or grandchild, a significant shift in assets, or the death of a named executor or beneficiary. Even without a major event, reviewing your will every three to five years is a reasonable practice. What happens to my estate if I die without a will in Louisiana? Your estate passes according to Louisiana's intestate succession laws, which follow a fixed legal hierarchy based on family relationships. The outcome may differ significantly from what you would have chosen. Forced heirship rules, community property designations, and usufruct rights all come into play and can produce results your family doesn't anticipate.
Ready to Draft or Review Your Will?
A valid will is one of the most direct ways to spare your family from uncertainty. We'll make sure yours meets every Louisiana requirement — and actually says what you intend it to say. Call us at 225-663-8076 or schedule a free initial phone consultation to get started.
