Key Takeaways
- Louisiana notaries can conduct real estate closings
- Both spouses must sign for community property
- Marital status and property character must be stated in deed
- Witnesses must be competent adults (18+)
- All parties sign in presence of notary and witnesses
Last updated: January 2026
Real Estate Closing Procedures
Louisiana notaries play a central role in real estate closings, with powers that go beyond notaries in common law states.
Pre-Closing Preparation
Document Review
| Item | Verify |
|---|---|
| Title Search | Clear title, liens, encumbrances |
| Survey | Property boundaries |
| Marital Status | All parties' current status |
| Property Character | Community or separate |
| Powers of Attorney | Valid and in authentic form |
Party Verification
| Check | Purpose |
|---|---|
| Photo ID | Confirm identity |
| Marital Status | Determine required signatures |
| Community/Separate | Property classification |
| Capacity | Legal ability to contract |
At the Closing
Order of Proceedings
- Verify identities of all parties
- Confirm marital status and property character
- Review documents with parties (not legal advice)
- Obtain signatures in proper order:
- All selling parties
- All purchasing parties
- Both witnesses
- Notary public
- Collect funds (if handling closing)
- Apply notarial attestation
Required Attendees
| Person | Required? |
|---|---|
| Seller(s) | Yes (or valid POA) |
| Buyer(s) | Yes (or valid POA) |
| Both Spouses (if married) | Yes for community property |
| Two Witnesses | Yes |
| Notary | Yes |
Signature Requirements
Who Must Sign
| Property Type | Required Signatures |
|---|---|
| Community Property | Both spouses |
| Separate Property | Owner spouse (other spouse may waive) |
| Entity Property | Authorized representative |
Signature Order
All signatures must be made in the presence of the notary:
- Parties sign first
- Witnesses sign
- Notary signs and applies attestation
Marital Status in Deeds
Every deed must clearly state:
| Status | Example Language |
|---|---|
| Single | "John Smith, a single person" |
| Married (both signing) | "John Smith and Jane Smith, husband and wife" |
| Married (separate property) | "John Smith, married to Jane Smith, acquiring as his separate property, with separate funds" |
| Widowed | "John Smith, widower of the late Mary Smith" |
| Divorced | "John Smith, a divorced person" |
Power of Attorney at Closings
If a party cannot attend:
| Requirement | Details |
|---|---|
| Form | Authentic act (for immovable transactions) |
| Scope | Must specifically authorize the transaction |
| Verification | Confirm validity and current status |
| Attachment | Attach to or reference in closing documents |
Witness Requirements for Closings
| Requirement | Standard |
|---|---|
| Number | Two witnesses |
| Age | 18 years or older |
| Competency | Mentally capable |
| Not Parties | Cannot be buyers, sellers, or their agents |
| Not Notary | Notary cannot be a witness |
On the Exam
- Both spouses: Sign for community property
- Witnesses: Two, age 18+, not parties
- Marital status: Must be in every deed
- POA form: Authentic act for immovables
Test Your Knowledge
At a Louisiana real estate closing for community property, who must sign the deed of sale?
A
B
C
D
Test Your Knowledge
A power of attorney used at a Louisiana real estate closing must be in what form?
A
B
C
D