TL;DR
Louisiana recognizes two testament forms under La. C.C. arts. 1574-1577: olographic (handwritten, dated, signed by the testator) and notarial (typed, signed in the presence of a notary and two witnesses with an attestation clause). The notarial form costs slightly more to draft, but it is far harder to contest, faster to probate, and the only form available to testators who cannot read or are sight-impaired. For almost every Louisiana resident, notarial is the right choice.
The two forms recognized in Louisiana
Louisiana, alone among the 50 states, has its own Civil Code-based law of testate succession. Wills here are called “testaments,” and only two forms are valid as a matter of state law: the olographic testament and the notarial testament. Statutory and nuncupative testaments were abolished in 1999.
Olographic testament (La. C.C. art. 1575)
An olographic testament must be entirely written, dated, and signed in the hand of the testator. No witnesses, no notary, no attestation clause. The whole document, including the date, must be in the testator’s own handwriting. If even part of it is typed or written by another person, the testament fails as olographic.
Notarial testament (La. C.C. arts. 1576-1580.1)
A notarial testament is prepared in writing, dated, and executed at one continuous session in the presence of a notary and two competent witnesses. Specific attestation language must be included. There are four variant forms in the Civil Code, addressing testators who can sign their names, those who cannot sign, those who are sight-impaired, and those who cannot read.
Comparison at a glance
| Feature | Olographic | Notarial |
|---|---|---|
| Cost to prepare | $0 | $300 to $1,500 typically |
| Witnesses required | None | 2 plus notary |
| Available to sight-impaired | No | Yes (art. 1579) |
| Available to those who cannot read | No | Yes (art. 1580) |
| Probate process | Requires 2 witnesses to handwriting | Self-proving via attestation |
| Typical contest grounds | Handwriting, date, capacity, undue influence | Capacity, undue influence only |
| Time to probate | 4-10 weeks (witness affidavits) | 1-3 weeks |
| Risk of formal-defect failure | Moderate | Low if attorney-drafted |
Why notarial almost always wins
1. Self-proving via attestation
The notarial attestation clause swears that all formalities were observed. At probate, the court does not need testimony from witnesses to authenticate the document; it is presumed valid. Olographic testaments require two witnesses (or one witness plus the testator’s family/coworkers comparing handwriting) to swear the entire instrument is in the testator’s hand. If the testator lived alone or moved across the country late in life, finding those witnesses can be impossible.
2. Massive reduction in contest surface area
Olographic testaments fail more often than any other testamentary instrument we see. The classic failure modes:
- Date written as “December 2025” without a day
- Date written in two places that conflict
- Signature on a separate page from the body
- Typed portions (a printed letterhead, a Bible verse, a printed name)
- Codicils signed but not dated
- Notations made later by the testator about beneficiaries who predeceased
A properly executed notarial testament eliminates all of these traps because the notary is responsible for ensuring formal compliance.
3. Faster judgment of possession
Probate moves substantially faster with a notarial testament. Our notarial-testament uncontested successions typically reach judgment of possession in 45-60 days. Olographic-testament successions average 75-120 days because of the handwriting-witness requirement.
4. Mandatory for certain testators
If the testator is unable to read (because of illiteracy, advanced macular degeneration, ALS, or any other reason), an olographic testament is simply not available. Louisiana requires a notarial testament executed under the special form for that testator’s condition (arts. 1579-1580). We see this constantly in elderly client engagements.
Need to draft or probate a Louisiana testament?
We draft contest-resistant notarial testaments and probate both forms efficiently. Flat-fee where possible.
When olographic might still make sense
We are not religious about this. A handwritten, dated, signed olographic testament executed under emergency circumstances (impending surgery, hurricane evacuation, sudden hospitalization) is much better than no testament at all. The same is true for a Louisiana resident traveling out of state who learns of a serious diagnosis and cannot get to a notary quickly. Louisiana courts have probated thousands of olographic testaments without difficulty.
If you choose olographic, the rules to follow are surgical:
- Write the entire instrument in your own hand, ink, on one type of paper, in one sitting
- Include a complete date: month, day, and year
- Sign at the end
- Number the pages and reference the total page count
- Do not staple, tape, or attach typed documents
- Store it where someone you trust can find it
Anatomy of a Louisiana notarial testament (art. 1577 form)
- Caption: “Last Will and Testament of [Name]”
- Identification of testator: full name, parish of domicile, social security or driver’s license number
- Revocation clause: revokes all prior testaments and codicils
- Family identification: spouse, children, predeceased issue
- Particular legacies: specific bequests of property to specific persons
- Universal legacy / residual: who takes the remainder
- Executor appointment: with seizin and dispensation from bond
- Trust provisions (if any)
- Tutor appointment for minor children (if any)
- Attestation clause: testator declares in presence of notary and two witnesses; all sign at the end of each page
- Notary’s authentication: notary seal, commission expiration, parish
Common drafting issues we fix when probating attorney-drafted testaments
Defective attestation clause
The Civil Code prescribes specific language. Substantial compliance is the rule (La. C.C. art. 1577), but courts have invalidated testaments where the attestation omits the requirement that the testator declare or signify the instrument as the testator’s will. A reproducible boilerplate is essential.
Failure to sign or initial each page
Article 1577 requires the testator to sign at the end of the testament and on each other separate page. Initialing the bottom of intermediate pages is the customary practice. We have seen testaments with three of four pages signed and the fourth unsigned, leading to a partial-invalidation argument.
Witness who is also a legatee
La. C.C. art. 1582 voids a legacy to a person who serves as a witness, though the testament itself remains valid. A non-beneficiary witness pool is the safer practice.
Notary who is not a Louisiana notary
A notarial testament must be executed before a Louisiana notary (or, if executed outside Louisiana, before a U.S. notary in compliance with the foreign-execution rules in art. 1577.1).
Probate procedure for each form
See our testate vs intestate guide for the full overview. In short:
- Notarial: Petition for probate of testament, judge orders probate without further proof, executor confirmed, descriptive list and judgment of possession follow.
- Olographic: Petition plus affidavits of two witnesses to the testator’s handwriting (typically family or close friends), judge orders probate, then standard succession proceeds.
The deeper reason notarial wins
Most successions we open have an estate value between $250,000 and $2 million. The marginal cost of drafting a notarial testament instead of an olographic one is $500-$1,200. The marginal cost of contesting an ambiguously dated olographic testament can exceed $25,000. The expected value calculation is one-sided.
Related Reading
- Louisiana Succession With a Will vs. Without
- How to Open a Louisiana Succession
- Louisiana Succession Documents Checklist
- Uncontested Louisiana Succession Services
About the Author
Ronnie Cantin III is the principal attorney at Pelican Succession Law (3001 17th Street, Suite 102, Metairie, LA 70002 · (504) 389-6100 · info@pelicanfirm.com) and a member of the Louisiana State Bar Association (#39827). His practice concentrates on Louisiana successions, forced heirship, mineral-rights succession, and ancillary representation for out-of-state heirs across all 64 parishes.
Disclaimer. This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee future outcomes. For advice on your specific situation, consult a Louisiana attorney. Pelican Succession Law’s attorneys are licensed only in Louisiana. Attorney Advertising. Pelican Succession Law, 3001 17th Street, Suite 102, Metairie, LA 70002.