Make a Louisiana Last Will and Testament

Louisiana State Last Will and Testament Laws

Definition of Will - CC 1576

Laws - CC 1570

Witnesses - According to Art. 1577, the Will must be signed by two (2) witnesses as well a Notary.

Registration Procedures: Form RS 9:2446 must be filled out, along with a $10 payment addressed to the Secretary of State with the Will to be registered. The documents should be addressed to:

Secretary of State

P.O Box 94125

Baton Rouge, LA 70804-9125

A Sample Louisiana Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you do not identify as single, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone who has a disability, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian to care for them, provide the following information below (as well as information for an alternate guardian and a conservator).

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone Number

Remember that in Louisiana, you are required to sign your will in the presence of two witnesses as well as a notary. You may also file a copy of your will with the Secretary of State.

Why do you need a Louisiana last will and testament form?

In Louisiana, having a last will and testament provides legal documentation for providing for family members, distributing property, and determining guardianship of any dependents upon your death. You can name an executor and any beneficiaries in a legal last will and testament.

The benefits of having a will

In Louisiana, a last will and testament is not legally required. If you do not create a will, however, intestacy laws will be enacted that will determine the future of any assets and guardianship of any dependents. You can also determine an executor of your estate in a will, and without one, the courts will determine one for you.

The costs of not having a will

Without a will in Louisiana, intestacy laws will be enacted. This means that the court will determine the distribution of your assets. A surviving spouse’s share of the estate will be determined based on whether or not there are any surviving descendants. If there are a surviving spouse and children, the spouse will take control of any community property co-owned with the deceased. Any children can inherit other properties. If there are no descendants, a spouse will inherit the entirety of the estate. If there is no spouse or descendants, parents and siblings are the next in line for inheritance with the right to property going to the parents, the rest to siblings. If there are no relatives, the State of Louisiana becomes the benefactor of the estate.