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.

State where property is located

Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

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.

TOD Deeds in Louisiana

Louisiana does not currently allow transfer on death deeds (No). 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. Without this option, real property passes through probate unless held in a trust or with joint tenancy.

Because TOD deeds are unavailable, the primary alternative for avoiding probate on real estate in Louisiana is a revocable trust. Probate for simple estates takes at least 3 months, and estates under $125,000 may qualify for simplified procedures. The probate calculator shows the full cost picture.

The trust vs. will comparison outlines the differences for Louisiana families weighing their options for avoiding probate on real property and other assets.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

La. C.C.P. arts. 3001

Data sourced from Louisiana statutes and official state code. How we research.

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