Are Beneficiary Designations Protected in Louisiana?
Louisiana automatically revokes an ex-spouse as beneficiary at divorceLa. C.C. art. 1608(5); La. R.S. 9:2449.1; La. R.S. 22:911.1; La. R.S. 9:2449Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Louisiana as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.
Yes. Louisiana automatically revokes an ex-spouse as beneficiary on divorce for these asset types: life insurance, retirement accounts, annuitiesLa. C.C. art. 1608(5); La. R.S. 9:2449.1; La. R.S. 22:911.1; La. R.S. 9:2449Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.
Louisiana is a community property state, but it does not require a spouse's consent to name a non-spouse beneficiaryLa. Civ. Code arts. 2334, 2338, 2340, 2346, 2347, 2349; La. R.S. 9:1711.4; La. R.S. 22:915Verified Sep 15, 2026View source: each spouse manages their own community property, and the other spouse's claim to half of a community-funded asset is raised after death rather than through a consent form. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009).
Louisiana gives inherited IRAs partial protection from creditorsLa. R.S. 13:3881(D); La. R.S. 20:33Verified Sep 15, 2026View source; the reach can depend on whether the IRA came from a spouse and whether the case is in state or federal court. After Clark v. Rameker (2014), federal bankruptcy law does not protect an inherited IRA on its own.
No. Louisiana does not default to per stirpes for beneficiary designationsLa. Civ. Code arts. 881, 885, 1590, 1591, 1593, 1596; La. R.S. 9:1711.3, 9:1711.5Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, the share lapses unless the designation says per stirpes or names a contingent beneficiary.
Is this your situation?
Get a complete guide for your specific circumstances.
Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
Learn more
Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
Learn more
Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn more
Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate in Louisiana
Free forms for planning your estate in Louisiana: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Louisiana, a will is signed before 2La. C.C. Art. 1576Verified Oct 18, 2026View source witnesses and a notaryLa. C.C. Art. 1576Verified Oct 18, 2026View source, and a self-proving affidavit signed with it lets the court admit it without witness testimonyLa. C.C. Art. 1576Verified Oct 18, 2026View source.
Healthcare Power of Attorney
Louisiana requires 2La. R.S. 40:1151.2Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredLa. R.S. 40:1151.2Verified Oct 15, 2026View source.
Financial Power of Attorney
Louisiana treats a power of attorney as durable by defaultLa. C.C. Art. 2989-2997 (mandate), Art. 3021 (putative mandatary), Art. 3024-3027 (termination/durability/revocation), Art. 1833 (authentic act), Art. 1839 + Art. 3338 (immovable transfers; recordation), Art. 1927 (acceptance), Art. 29 (majority), Art. 3537-3541 (conflicts; Art. 3538 form); La. R.S. 9:3890 (conditional/springing procuration); La. R.S. 6:311.1 (financial institution written-notice protection)Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementLa. C.C. Art. 2989-2997 (mandate), Art. 3021 (putative mandatary), Art. 3024-3027 (termination/durability/revocation), Art. 1833 (authentic act), Art. 1839 + Art. 3338 (immovable transfers; recordation), Art. 1927 (acceptance), Art. 29 (majority), Art. 3537-3541 (conflicts; Art. 3538 form); La. R.S. 9:3890 (conditional/springing procuration); La. R.S. 6:311.1 (financial institution written-notice protection)Verified Sep 18, 2026View source.
Living Will
In Louisiana, the living will is the DeclarationLa. R.S. 40:1151-1151.9Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in Louisiana
Free tools for planning your estate in Louisiana: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Louisiana runs $2,470Estimate: 10 hours at $247, Clio's Louisiana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $3,705Estimate: 15 hours at $247, Clio's Louisiana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,011Estimate: 3 hours at $337, Clio's Louisiana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,022Estimate: 6 hours at $337, Clio's Louisiana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Louisiana, four years at a public university cost about $85,048NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 12% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state death tax due. Inheritance tax repealed (La. R.S. 47:2401, "Repealed by Acts 2008, No. 822, §1, eff. Jan. 1, 2010"). Estate transfer tax (La. R.S. 47:2431–2437) remains codified but is pegged to the IRC § 2011 state death tax credit, so no estate transfer tax is due for deaths after December 31, 2004Verified Sep 15, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Louisiana costs an estimated $24,842La. C.C.P. arts. 3301, 3303 (attorney fees are an administration expense — La. Civ. Code art. 1415 — payable only on court authorization); art. 3351.1 (dual-role limit)Verified Sep 8, 2026View source. Attorney fees run 1.9%La. C.C.P. arts. 3301, 3303 (attorney fees are an administration expense — La. Civ. Code art. 1415 — payable only on court authorization); art. 3351.1 (dual-role limit)Verified Sep 8, 2026View source to 3%La. C.C.P. arts. 3301, 3303 (attorney fees are an administration expense — La. Civ. Code art. 1415 — payable only on court authorization); art. 3351.1 (dual-role limit)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Louisiana is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Louisiana, descendants divide what passes to them per stirpesLa. Civ. Code art. 888Verified Sep 10, 2026View source, and the state sets no survival period for heirs.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Louisiana runs $2,470Estimate: 10 hours at $247, Clio's Louisiana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $3,705Estimate: 15 hours at $247, Clio's Louisiana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Louisiana runs $1,011Estimate: 3 hours at $337, Clio's Louisiana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,022Estimate: 6 hours at $337, Clio's Louisiana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,842La. C.C.P. arts. 3301, 3303 (attorney fees are an administration expense — La. Civ. Code art. 1415 — payable only on court authorization); art. 3351.1 (dual-role limit)Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Louisiana, a parent names a guardian for a minor child in a will or a separate signed writingLa. Civ. Code arts. 257–258; La. Code Civ. Proc. arts. 4062, 4067, 4231Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18La. Civ. Code art. 29Verified Sep 15, 2026View source.
When you're ready, we're here.
Louisiana Estate Planning Resources
In-depth guides covering Louisiana probate laws, trust requirements, and estate planning strategies.