Do I Need a Transfer on Death Deed in Louisiana?
Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.
Frequently Asked Questions
No. Louisiana does not currently allow transfer on death deeds. Louisiana's civil-law system does not recognize TOD deeds for real property. Under La. C.C. Art. 1570, a disposition mortis causa may be made only in the form of a testament authorized by law, which excludes non-testamentary instruments like TOD deeds.
Because Louisiana does not allow TOD deeds, alternatives for avoiding probate on real property include: Revocable living trust (inter vivos trust), Donation inter vivos with reservation of usufruct (naked-ownership donation), Joint ownership / ownership in indivision. Compare your options with the trust vs. will comparison.
Without a TOD deed option, real property in Louisiana typically passes through probate unless held in a trust or with joint tenancy. Use the Louisiana probate calculator to estimate what that would cost.
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Louisiana Estate Planning Resources
In-depth guides covering Louisiana probate laws, trust requirements, and estate planning strategies.