Key Takeaways
- Notarial testament requires notary, 2 witnesses, and reading aloud
- Small succession affidavit for estates under $125,000
- Notary can prepare sworn descriptive list of assets
- Court-appointed notary can inventory property for estates
- Notarial wills have stronger evidentiary weight than olographic wills
Last updated: January 2026
Wills and Succession Documents
Louisiana notaries play a significant role in estate planning and succession (probate) matters - powers unique to this state.
Types of Wills in Louisiana
| Type | Requirements | Notary Involved? |
|---|---|---|
| Notarial Testament | Notary + 2 witnesses + read aloud | Yes |
| Olographic Will | Entirely handwritten, dated, signed | No |
| Statutory Will | Pre-printed form (limited use) | Varies |
Notarial Testament Requirements
The notarial testament is the most secure form of will in Louisiana:
| Element | Requirement |
|---|---|
| Notary | Must be present |
| Witnesses | Two competent witnesses |
| Reading | Will must be read aloud to testator |
| Declaration | Testator declares it as their last will |
| Signatures | Testator, witnesses, and notary |
| Testator's Initials | Each page (if multiple pages) |
Execution Procedure
- Notary prepares or reviews the will
- Will is read aloud to testator
- Testator declares it as their last will
- Testator signs (or marks) in presence of notary and witnesses
- Witnesses sign in presence of testator and notary
- Notary signs and applies attestation
Small Succession Affidavit
A simplified process for smaller estates:
| Qualification | Details |
|---|---|
| Estate Value | $125,000 or less (excluding debts) |
| OR | Decedent dead more than 20 years |
Affidavit Requirements
| Element | Requirement |
|---|---|
| Notarization | Required - in Louisiana |
| Witnesses | Often required with wills |
| Signers | All heirs must sign |
| Under Oath | Sworn statements |
Sworn Descriptive List of Assets
| Aspect | Details |
|---|---|
| Purpose | List all decedent's assets at death |
| Requirement | Part of succession process |
| Sworn By | Heir, legatee, or interested party |
| Contents | Fair market values of all property |
Notary-Created Inventory
In larger successions, a court-appointed notary may create an inventory:
| Element | Requirement |
|---|---|
| Appointment | By court order |
| Witnesses | At least two competent witnesses |
| Appraisers | Two, appointed and sworn by notary |
| Contents | Complete listing with values |
Judgment of Possession
The final step in succession:
| Aspect | Details |
|---|---|
| Purpose | Places heirs into possession of assets |
| Effect | Force and effect of law |
| Real Estate | Should be recorded in each parish where property is located |
| Prepared By | Usually attorney, but notary can assist |
Succession Terminology
| Louisiana Term | Common Law Equivalent |
|---|---|
| Succession | Probate/Estate |
| Testator | Person making will |
| Legatee | Beneficiary |
| Usufruct | Life estate |
| Naked Ownership | Remainder interest |
On the Exam
- Notarial testament: Notary + 2 witnesses + read aloud
- Small succession: $125,000 or less
- Inventory: Court-appointed notary with 2 witnesses
- Judgment of Possession: Records in parish of property location
Test Your Knowledge
What is required for a valid notarial testament (will) in Louisiana?
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Test Your Knowledge
What is the maximum estate value for a "small succession" in Louisiana?
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Test Your Knowledge
When a court appoints a notary to create an inventory of a decedent's estate, the notary must:
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D