If you’ve recently moved to Louisiana or are creating your first estate plan here, you may have noticed something: estate planning in this state doesn’t quite follow the same rules as everywhere else.
That’s because Louisiana uses a civil law system — the only one of its kind in the U.S. — based on the Napoleonic Code. That means many of the common estate planning tools, terms, and concepts you hear about elsewhere work differently here.
Here are a few of the biggest differences you should know:
1. Forced Heirship Laws
In Louisiana, certain children — called forced heirs — cannot be fully disinherited. This includes:
- Children under age 24
- Children of any age who are permanently disabled
Unless you meet strict legal criteria, these children are entitled to a portion of your estate by law. This is a major departure from most other states.
2. Community vs. Separate Property Rules
Louisiana is a community property state. That means:
- Most assets acquired during the marriage belong equally to both spouses
- Separate property (owned before marriage or inherited individually) is treated differently
Estate plans must carefully account for which assets are community and which are separate — especially in blended families or second marriages.
3. Unique Terminology
- “Probate” is called succession in Louisiana.
- A guardian is a tutor.
- Trusts and wills must meet strict notarial formalities to be valid.
4. Notarial Wills
Louisiana requires very specific formatting for wills to be valid, especially if typed. Wills must include a formal declaration, be signed in front of a notary and two witnesses, and include an attestation clause.
5. Succession Process
If no will exists, Louisiana law determines who inherits your property — and the rules can be surprisingly complex. Planning in advance helps families avoid long court processes, legal fees, and unintended results.
Next Steps
If you’ve recently moved to Louisiana or want to be sure your current plan is legally sound here, we can help. Reach out for a quick, no-obligation consultation to make sure your plan matches Louisiana law—and your wishes.
