Talking about death and final wishes isn’t easy. But a well-drafted will is one of the greatest gifts you can leave your loved ones: peace of mind. A Louisiana compliant will ensures your wishes are followed, reduces conflict, and makes the succession (probate) process smoother for your family.
The Gertler Law Firm drafts, reviews, and updates wills for clients in New Orleans and throughout Louisiana, coordinating your plan with beneficiary designations and community property rules.
What Is a Will in Louisiana?
A will (testament) directs who receives your property and who manages your estate. In Louisiana, form and execution requirements matter. Our goal is to make sure your will is clear, compliant, and practical so your family isn’t left untangling avoidable issues.
Why Every Family Needs a Will
A properly drafted will allows you to:
- Choose your executor (and an alternate).
- Provide for your spouse and children, including planning for minors and special situations.
- Coordinate with community property and separate property.
- Clarify specific gifts (heirlooms, real estate, business interests).
- Reduce delays and disputes by giving the court and your family clear instructions.
Without a will, your family may face unnecessary legal complications and uncertainty.
Key Choices to Make
- Executor/Administrator: Who will manage the estate?
- Tutorship/Guardianship: Who will care for minor children?
- Specific vs. Residuary Bequests: Decide which items or percentages go to whom.
- Usufruct & Naked Ownership: Consider spousal use over community assets with children as naked owners, where appropriate.
- Backups: Name alternates for key roles so your plan works even if someone can’t serve.
What Happens If You Die Without a Will in Louisiana
If you pass away without a will, your estate will be handled under Louisiana’s succession laws. This process is called intestacy, and it follows strict rules about who inherits your property.
- Community Property: Typically passes to your children, even if your spouse survives.
- Separate Property: Distributed according to statutory order (children, parents, siblings, then more distant relatives).
- Forced Heirship: Louisiana requires a portion of your estate to go to children under 24 or permanently disabled children, regardless of your wishes.
This legal structure may not reflect your personal preferences. A will gives you, not the state, the power to decide how your assets are divided and who manages them.
Keeping Your Will Valid & Current
Louisiana has particular execution formalities; errors can invalidate a will or parts of it. We:
- Ensure your will is properly executed and witnessed.
- Align your plan with beneficiary designations (life insurance, retirement, payable on death accounts).
- Review updates after life events: marriage or divorce, births/adoptions, business changes, major purchases/sales, or moving property between parishes.
If you haven’t updated your will after a major life event, now may be the right time.
Coordinating with Your Overall Estate Plan
A strong plan often includes more than just a will:
- Powers of Attorney (mandates): Appoint someone to handle finances and health care decisions if you cannot.
- Advance Directive/Living Will: Record your end-of-life wishes so your family isn’t left making agonizing medical decisions without guidance.
- Trusts: Create revocable or life insurance trusts for minors, blended families, privacy, or special assets.
If you don’t need all of these right away, we’ll keep things simple and build your plan over time.
Our Process
- Goal setting: Identify what matters most (beneficiaries, guardians, property).
- Document design: Draft a clear, Louisiana-compliant will that fits your goals.
- Signing session: Proper execution with the required formalities.
- Follow through: Beneficiary alignment, secure storage, and update reminders.
We guide you through each step so nothing is overlooked.
Wills & Estate Planning Services in New Orleans and Across Louisiana
The Gertler Law Firm prepares wills for clients in New Orleans and throughout Southeast Louisiana. Whether you live in the city or nearby communities, our attorneys are here to help you protect your family and plan for the future.
We serve clients in:
- Orleans Parish: New Orleans
- Jefferson Parish: Metairie, Kenner, Gretna, Marrero, Harahan, Harvey, Westwego, Avondale, Jefferson (CDP)
- St. Bernard Parish: Chalmette, Arabi, Meraux
- St. Tammany Parish (Northshore): Slidell, Mandeville, Covington, Abita Springs, Madisonville
- St. Charles Parish: Destrehan, Luling, St. Rose
- St. John the Baptist Parish: LaPlace
- Plaquemines Parish: Belle Chasse
- Tangipahoa, East Baton Rouge, Terrebonne, Lafourche, and Washington Parishes
If you or a loved one needs a will in New Orleans or anywhere in Louisiana, our attorneys are ready to guide you through the process with care and experience.
Frequently Asked Questions About Wills in Louisiana
Do I need a lawyer to make a will in Louisiana?
Louisiana allows handwritten (holographic) and notarial wills, but each has strict requirements. An attorney ensures your will is properly executed so it won’t be challenged later.
What happens if I die without a will in Louisiana?
Your estate passes under intestacy laws. Property is divided according to legal rules, not your personal wishes, which can cause delays and disputes.
Can I change or update my will?
Yes. You can revoke or replace a will, but updates must follow Louisiana’s formalities. We recommend reviewing your will after major life events.
Who can serve as a witness to my will?
Louisiana requires two competent witnesses. They cannot be beneficiaries of the will. A notary is also needed for a notarial will.
What is the difference between a living will and a last will?
A living will sets out your medical treatment preferences (like life support decisions). A last will directs how your property is distributed after death.
Can I disinherit someone in Louisiana?
Not entirely. Louisiana’s forced heirship law requires that a portion of the estate go to children under 24 or permanently disabled children.
Do wills need to be notarized in Louisiana?
A notarial will must be signed in the presence of a notary and two witnesses. A handwritten will does not require notarization but must meet strict rules.
How often should I review or update my will?
Every few years or after major life changes: marriage, divorce, births, deaths, or major purchases.