How to Make a Will in Louisiana

While a person is alive, one of the most significant things they may do legally is to draft a last will and testament. Using a valid will, one can lawfully decide how and to whom one’s property will be dispersed. A person is said to have died “intestate” if they do not leave a will, and the distribution of their assets is decided by state law, and such distribution may conflict with their wishes. LegalPen is your one-stop solution for wills in Louisiana; contact us today.

What are the steps to create a will in Louisiana?

Creating a Louisiana will entail the following process:

1. Create an inventory 

Compiling an inventory of your assets to draft a will entails creating a comprehensive list of all your valued possessions. You should also account for your debts and liabilities.

2. Determine beneficiaries

Beneficiaries might include family members, friends, or charitable organizations. To avoid ambiguity and conflict, provide specific details on the assets you wish to allocate to your beneficiaries.

3. Debt settlement

Elucidate how your outstanding bills and costs should be settled using the estate funds. You may provide the appropriate protocol for managing any particular debts if required.

4. Provide for residual assets

Incorporate a provision for residual assets to determine the course of action for any remaining properties or resources.

5. Executor selection

In Louisiana, an executor is sometimes called a “personal representative.” This is the individual you choose to administer your estate upon your death. Make sure that you select a person with whom you have complete faith and who will carry out this responsibility with diligence. 

6. Will drafting

You have the option of drafting your will on your own or seeking the advice of an attorney. When drafting a will, it is usually a good idea to seek the assistance of a skilled specialist. LegalPen provides the most professional will writing services available in the industry.

7. Will execution

With your signature, you indicate that you intend to be legally bound by the will’s provisions. As required by the laws of Louisiana, the signing of a will is necessary.

8. Will storage

Proper will storage incorporates a balance between safety and access. You need to store your will in a safe place that will additionally be accessible to your loved ones or executors when you pass on.

9. Will update

It is essential to update your will regularly to reflect your current desires. Updating a will also ensures that it will remain valid in case of any changes in Louisiana laws from the time of making the will. 

What happens if I don’t have a will?

Where you do not have a will, intestate succession will be applied. The assets of a decedent who dies without a will are dispersed per the laws of Louisiana on intestate succession. A person is considered to have died intestate if they did not have a valid last will and testament.

What are the requirements for writing a last will and testament in Louisiana?

The requirements for writing a last will and testament in Louisiana are not provided by law. Articles 1577–1582.1 of the Louisiana Civil Code detail the requirements for valid Louisiana wills’ execution and witnessing. The legal age and testamentary capacity to make a will are not specified under Louisiana law. 

How often should you review and update your Louisiana will?

You should review and update your Louisiana will when you experience any significant changes in your life. However, irrespective of any substantial changes, reviewing and updating your will at least every 3-5 years is desirable. Some changes that may warrant a review or update will include a shift in the testator’s financial situation, changes in relationships, death of a beneficiary or executor, marriage, divorce, adoption or birth of a child.

How to revise and update your will in Louisiana

To revise and update your will in Louisiana, you need a codicil. A codicil adheres to the same formalities as a will. For more information on codicils and how to write a will in Louisiana, contact LegalPen.

What makes a will valid in Louisiana?

The typical prerequisites for a legally binding will in Louisiana are generally as follows:

1. A will must be in writing, either handwritten or typed
2. The maker of the will, often known as the “testator” or “testatrix,” must sign the will
3. Two witnesses present during the maker’s execution and saw each other sign must additionally attest to the will.

Can a handwritten will be valid in Louisiana?

Yes, a handwritten will is valid in Louisiana. Louisiana recognizes handwritten wills called olographic wills. As per Louisiana legislation, olographic wills must be entirely handwritten, signed, and dated by the testator.

How do I sign my Louisiana will?

Testators are required to sign their Louisiana will at the end of the will and on each distinct page. They must additionally proclaim or convey to the witnesses that the document is their last will and testament. This process must be conducted in the presence of a notary and two competent witnesses.

What can I include in an online will in Louisiana?

You can include assets, beneficiaries, executors, guardians, and fiduciaries in an online will in Louisiana. Anything that is typically included in a traditional will can be included in an online will in Louisiana.

Types of assets covered in a Louisiana will

The assets covered in a Louisiana will are probate assets. Probate assets include real estate, cars, jewelry, and stocks. Non-probate assets fall beyond the purview of the will and include 401k accounts, 403b accounts, IRA retirement accounts, and life insurance. 

Can I revoke or change my will in Louisiana?

Yes, you can revoke or change your will in Louisiana. 

How do you revoke or change your will in Louisiana?

Revocation of a will per Louisiana will laws can be achieved through:

1. A subsequent will that explicitly revokes the previous will or portion thereof, either expressly or due to incompatibility.
2. A written document that explicitly states the intention to revoke the will.
3. Destroying the will
4. The birth or adoption of a child. In Louisiana, a will is automatically invalidated if a child is born or adopted thereafter unless the will specifically includes provisions for this possibility.

Having elaborated on how often one should update a will, note that you can revoke or change a Louisiana last will and testament at any time. Changes to a will are effected through a codicil, which must adhere to the formalities of will execution. A codicil is helpful when making minor changes to your will while leaving the will unchanged.

Can I make a digital or electronic will in Louisiana?

No, you cannot make a digital or electronic will in Louisiana. An electronic will is not recognized in Louisiana and does not amount to a legally binding last will and testament.

Who can witness a will in Louisiana?

A will in Louisiana be witnessed by anyone who is not mentally incapacitated, blind, deaf, below the age of sixteen, illiterate or unable to provide a signature. Typically, it is advised that the witnesses to the will be “disinterested,” indicating that they are not a recipient of the will’s benefits. 

In Louisiana, the act of a witness who has a personal stake in the will, or their spouse, signing the will does not render the will void. However, if two impartial witnesses do not witness the will, any gift to a witness with a personal interest is considered invalid. However, there is an exemption when the witness with the interest happens to be an heir and would benefit from the testator’s inheritance if the testator had died intestate. Subsequently, the witness who is an interested party to the will may claim a gift equivalent to their rightful portion of the estate if the testator had died intestate.

Should my will name an Executor?

Yes, your will should name an executor. In the event that you fail to designate an executor in your will, the probate court will have the responsibility of appointing an individual to fulfill this role and that individual might not be your preferred choice.. Typically, the court starts with your immediate family members.  

What are the Louisiana will executor requirements?

An executor in Louisiana should be:

1.    At least 18 years old

This age requirement ensures that the person has attained the maturity needed to undertake the role.

2.    Of sound mind

A sound mind means that the court has not ruled one to be mentally incapacitated. It goes without saying that one needs to have a sound mind to diligently undertake the duty that comes with the executor role.

3.    Free of any felony conviction

A person with a felony conviction may face challenges in dispensing his duties as an executor, such as purchasing probate bonds. Therefore, it is more efficient to have an executor who does not have a felony conviction.

4.    An authorized corporation

Where a corporation handles the executor roles, it must comply with the law and be legally authorized to undertake the role.

Nevertheless, the Louisiana probate court has the authority to disqualify a possible personal representative if it determines that the individual’s moral character is unsuitable for the role. Furthermore, in the event that a nonresident is designated as the executor, they should select an individual residing in Louisiana to serve as a resident agent. This agent will assume responsibility for receiving all the legal documents on behalf of the estate.

What happens to a will after death in Louisiana?

After death in Louisiana, a will must be “proved” by admitting it to probate. A petition for probate must be prepared to request the court to open a Succession.

What is the impact of marriage and divorce on your Louisiana will

In Louisiana, divorce does not render your will void, but if you get divorced after creating your last will and testament, any provision in the will that grants property to your ex-spouse is automatically invalidated. Similarly, the nomination of the former spouse to a formal role in the will, such as an executor, is likewise considered null and void.

When two people are married, any assets they possess automatically becomes community property unless otherwise noted, such as in a prenuptial agreement. Therefore, spouses possess a statutory right to inherit from your estate unless they waive such a right through a marital agreement. Choose LegalPen as your preferred online source for any will for married couples for exceptional services.  

Do all wills in Louisiana have to go through probate?

Yes, all wills in Louisiana have to go through probate. The probate process involves proving the will’s validity and establishing who has the authority to administer the estate. However, not all estates need to go through probate. In Louisiana, a probate is unnecessary if the estate meets the Small Succession Affidavit Procedure requirements. A Small Succession refers to an estate that has a value below $125,000.00. The beneficiaries of an individual’s assets can additionally escape probate if the decedent establishes a revocable living trust before their death. 

Is Louisiana a community property state?

Yes, Louisiana is a community property state. Under this system, all assets obtained during a marriage are to be divided equally between the spouses, which is in contrast to an equitable distribution state, where a court will allocate marital property in a way that it deems just, albeit not necessarily equal, to both parties involved.

How is Louisiana intestate succession done?

Louisiana’s intestate succession rules govern property division as follows in the absence of a will:

1. The property is divided equally among children where there is no spouse
2. The surviving spouse inherits everything in the absence of children, parents, or siblings
3. Parents inherit everything in the absence of children, a spouse, or siblings
4. Siblings inherit everything in the absence of children, a spouse, or parents
5. Where there is a spouse and children, the spouse enjoys your portion of the community property during their lifetime “usufruct “. Children receive your portion of community property, with the condition that the surviving spouse has the right to utilize it throughout their lifetime. Additionally, children inherit all of your separate property.
6. Where there is a surviving spouse and parents, the community property goes to the spouse, while the separate property goes to the parents.
7. In the event that there is a surviving spouse and siblings but no parents, the community property goes to the spouse and the separate property goes to the siblings.
8. Where there are siblings and parents but no surviving spouse or children, parents possess the entitlement to utilize your intestate property during their lifetime, after which your siblings get the entirety of it. 

How is estate and inheritance tax in Louisiana done?

Louisiana does not impose an inheritance tax on individuals who pass away after June 30, 2004. For those who passed away on or prior to June 30, 2004, and an inheritance tax return was not submitted before July 1, 2008, Louisiana does not impose an inheritance tax.

For deaths occurring on or after January 1, 2005, the decedent’s estate is exempt from the Louisiana estate tax. Louisiana Estate Tax Returns are technically necessary in cases when the decedent’s net worth is $60,000 or more. However, they are no longer submitted due to the lack of a Louisiana estate tax and the Louisiana Department of Revenue not processing them.