How Do I Name a Guardian for My Minor Children in Louisiana?
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.
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. It needs your signature, 2 witnesses and a notary, and the nomination covers the child until the age of majority, 18La. Civ. Code art. 29Verified Sep 15, 2026View source. It can be recorded alongside the rest of an estate plan when you create a revocable living trust.
When a parent has named a guardian, the court appoints the guardian the parent named unless it finds that person unsuitableLa. Civ. Code arts. 257–258; La. Code Civ. Proc. arts. 4062, 4067, 4231Verified Sep 15, 2026View source. A backup guardian named in the same document applies if the first choice cannot serve.
Yes. Louisiana recognizes a separate signed declaration naming a guardian, so a full will is not required to make the nominationLa. Civ. Code arts. 257–258; La. Code Civ. Proc. arts. 4062, 4067, 4231Verified Sep 15, 2026View source, so a full will is not required; a will remains the standard place to do it.
Yes. Louisiana allows a Provisional Custody by Mandate, under which any adult can be authorized for a limited time (up to 1 year) without transferring custodyLa. R.S. 9:951–954Verified Sep 15, 2026View source.
In Louisiana, a child's own preference carries no statutory weightLa. Civ. Code arts. 246–301 and La. Code Civ. Proc. arts. 4031–4238 read end to end; no article weights the minor’s own preferenceVerified Sep 15, 2026View source.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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.
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.
Trust or Will: Which Costs Less?
In Louisiana, a will-based plan pays probate attorney fees of typically 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; a funded revocable trust keeps those assets out of probate and off that fee.
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.
Are My Beneficiary Designations Protected?
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.
How Do I Sign Estate Documents?
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Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
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.
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Louisiana Estate Planning Resources
In-depth guides covering Louisiana probate laws, trust requirements, and estate planning strategies.