NOTE: Louisiana has very strict requirements for the compilation of a Notarial Testament. It can be very dangerous to rely on a "Last Will and Testament" form from the Internet, out-of-state companies, or from your local office supply store. Failure to get the form right will invalidate to document or worse, cause litigation concerning the document. Because of Louisiana's Civil Law heritage, most generic forms do not take account for Louisiana's rules.
Laws controlling how property is divided after someone dies are refereed to succession laws, and in Louisiana they are very strict. There are two situations: one where the deceased has a will (testament) and one where the deceased does not. Should the deceased have a testament the succession is considered testate, with the deceased being called the testator and the successors of the testator being called legatees. Should the situation be the opposite, without a testament, then the succession is called intestate and the successors to the deceased person’s estate are called heirs.
Prior to July 1, 1999, Louisiana had five types of testaments. Legislature reduced it to two: the Notarial Testament and the Olographic Testament (called a holographic testament in other states).
A Notarial Testament is one that is drafted by the Notary based on the instruction of the testator. The wording used is specific to the mental and physical condition of the testator. From there, the design of the testament must meet the requirements of law. Lastly, it is signed by the testator in the presence of two witnesses and the Notary.
An Olographic Testament is a testament that is entirely handwritten, signed and dated by the testator. This document MUST clearly show that it is the testator's intent to be a Last Will and Testament. As such it should be clear and precise and it's wording and its terms still cannot violate law.
Download the Testament Interview Package.
Read the Testament Interview Package Carefully.
If You Have Questions Call Us At 504.298.DOCS
Fill in As Much of the Information as You Can
Make Your Appointment for the Notary to Verify Your Package
The Notary Will Take the Verified Package and Use it to Draft Your Testament
The Notary Will Make an Appointment for The Signing
Register Your Testament's "Hiding Place" With the Secretary of State