How to Create a Will in Louisiana: A Step-by-Step Guide

Creating a will in Louisiana is an essential step in ensuring that your final wishes are honored. A well-drafted will can minimize disputes among heirs and provide clear instructions regarding your assets. This step-by-step guide will help you understand the process of creating a will in Louisiana.

Step 1: Understand Louisiana's Legal Requirements

In Louisiana, a will must meet specific legal requirements to be valid. According to Louisiana law, a will must be:

• Written: A handwritten will is acceptable, known as a holographic will.
• Signed: The testator, the person making the will, must sign it. If they are unable to sign, they can ask another person to sign on their behalf, in the presence of the testator.
• Witnessed: A will must be witnessed by at least two competent witnesses, who must be at least 18 years old and not heirs to the estate.

Step 2: Decide on Your Assets

Take an inventory of all your assets, including real estate, personal property, bank accounts, insurance policies, and retirement accounts. Determine how you want these assets distributed among your heirs. It can be helpful to create a list to keep your thoughts organized.

Step 3: Choose an Executor

Select an executor who will be responsible for administering your estate after your death. This person should be trustworthy and capable of managing your affairs. In Louisiana, an executor can be a family member, friend, or a professional such as an attorney.

Step 4: Draft Your Will

Using your inventory of assets and the names of your beneficiaries, begin drafting your will. Include clauses that detail how you want your assets distributed. Be clear about specific bequests, such as:

• Who gets specific items or amounts of money?
• How will remaining assets be divided among heirs?

Also, consider including clauses that address guardianship for minor children if applicable.

Step 5: Sign and Date the Will

Once the will is drafted, sign and date it in the presence of two witnesses. Make sure all witnesses are present at the same time and understand that they are witnessing your will. After signing, ensure all witnesses also sign the document.

Step 6: Store the Will Safely

It's crucial to keep your will in a safe place where it can be easily accessed after your death. Consider storing it in a safe deposit box, with your attorney, or in a secure area of your home. Inform your executor of the will’s location.

Step 7: Review and Update as Necessary

As life circumstances change, it is important to review and possibly update your will. Major life events, such as marriage, divorce, the birth of children, or significant changes in your financial situation, may require you to amend your will.

Conclusion

Creating a will in Louisiana doesn't have to be overwhelming. By following these steps, you can ensure that your wishes are met and that your loved ones are taken care of after your death. If you're unsure about any part of the process, consider consulting with an attorney who specializes in estate planning to guide you through the creation of your will.