A Will That Holds Up When It Matters Most
We start with a conversation about your family. The legal document follows from there.
You Don't Need to Know Anything About the Law to Get Started
Most people put off making a will because they're not sure where to begin. The good news is you don't need to arrive with answers — just a general sense of your family, your assets, and what you'd want to happen if you weren't here.
When you work with Pennington Law, you speak directly with Dennis Pennington, not a paralegal or intake coordinator. He'll ask the questions, listen to your answers, and build your will from that conversation. You've probably already thought through most of this. We just need you to say it out loud so we can write it down correctly.
If you're in Baton Rouge or the surrounding area and you've been putting off this conversation, this is the right place to start.
What Makes a Louisiana Will Legally Valid
Louisiana will law is not the same as the rest of the country, and a document that would hold up in Texas or Georgia may not be valid here. As a wills attorney in Baton Rouge, this is something we deal with directly — and it's one of the most important reasons to work with a Louisiana-licensed attorney when drafting your will.
Louisiana recognizes two types of valid wills:
The Notarial Testament
This is the most common form. It must be signed in the presence of a notary and two witnesses, with specific acknowledgment language required by Louisiana law. The signing procedure matters — a notarial testament that skips a required step can be challenged or rejected by a court, even if the intent behind it is completely clear.
The Olographic Testament
This type of will must be written entirely in the testator's own handwriting, dated, and signed. No witnesses or notary are required — but it must be entirely handwritten. A partially typed document, even with a handwritten signature, does not qualify.
We draft notarial testaments that meet Louisiana's formal requirements from the first signature. If you have an existing will you're not sure about, we can review it and tell you exactly where it stands.
Forced Heirship: Louisiana's Unique Inheritance Rule
Louisiana is the only state in the country with a forced heirship law, and it surprises many clients who assume they can leave their estate however they choose.
Under Louisiana law, children who are 23 years old or younger — or children of any age who are permanently incapacitated — are considered "forced heirs." This means they are entitled to a reserved portion of your estate, regardless of what your will says. Attempting to disinherit a forced heir without legal grounds will not hold up in succession court.
This doesn't mean your planning options are limited. It means your will needs to be drafted with Louisiana's rules built in from the start — not discovered later by your family. Dennis has been navigating forced heirship questions for clients for more than 50 years, and he can explain exactly how it applies to your situation in plain terms.
A Will Alone Does Not Avoid Probate in Louisiana
This is one of the most common misconceptions we hear. Having a valid Louisiana will does not automatically transfer your estate to your heirs without court involvement. Your estate will still pass through Louisiana's succession process — what other states call probate — before assets are distributed.
For many estates, succession is straightforward and manageable. For others — particularly those with significant assets, real property, or a blended family — a trust may be a more efficient vehicle for transferring wealth outside of the succession process.
If avoiding succession is a priority for you, we're glad to walk through whether a trust makes sense alongside or instead of a will.
Is Your Existing Will Still Accurate?
A will drafted ten years ago may not reflect where your life is today. Children have been born. A business has been sold. A spouse has passed. A beneficiary you named is no longer in your life. Any of these changes can affect whether your will still accomplishes what you intended.
A will review consultation takes far less time than drafting a new document from scratch — and it gives you the peace of mind of knowing your plan is current. If updates are needed, we'll walk you through exactly what needs to change and why.
What a Will Can Cover — and What It Can't
A well-drafted Louisiana last will and testament can address:
- Who receives your property and in what shares
- Who you name as executor to manage your estate through succession
- Guardianship designations for minor children
- Specific bequests of personal property, real estate, or financial assets
- Conditional gifts or instructions tied to specific circumstances
- Instructions for how debts and expenses should be handled
A will does not control assets that pass by beneficiary designation — such as life insurance policies, retirement accounts, or jointly owned property. Estate planning that accounts for all of these requires looking at the full picture, which is how Dennis approaches every new client conversation.
Why Families in Greater Baton Rouge Have Trusted Pennington Law Since 1972
We've been drafting wills for Louisiana families for more than five decades. In that time, the law has changed, families have grown more complex, and estate planning has become more important — not less. What hasn't changed is our approach: sit down with the client, understand what they actually want, and draft a document that holds up.
Our fees reflect the same philosophy. Dennis has kept his billing rates well below what most Baton Rouge estate planning attorneys charge, and he's done so intentionally. A will should not be something you put off because of the cost.
Common Questions About Making a Will in Louisiana
How do I make a legal will in Louisiana?
Louisiana recognizes two forms of valid wills: the notarial testament and the olographic testament. A notarial testament must be signed before a notary and two witnesses following specific statutory procedures. An olographic testament must be written entirely by hand, dated, and signed by the testator. Either type can be legally valid, but both have requirements that must be met precisely. Working with a licensed Louisiana attorney is the most reliable way to ensure your will is enforceable.What happens if I die without a will in Louisiana?
If you die without a valid will in Louisiana, your estate passes according to the state's intestate succession laws. Louisiana's intestacy rules prioritize certain family members in a fixed order — and the result may not match what you would have chosen. A will gives you control over that outcome.Can I write my own will in Louisiana?
Yes, Louisiana allows olographic wills — wills written entirely in your own handwriting, dated, and signed. However, any portion that is typed, printed, or written by someone else disqualifies the document. If there is any question about the validity of a handwritten will, it can be challenged during succession. An attorney-drafted notarial testament eliminates that uncertainty.Does a will avoid probate in Louisiana?
No. A Louisiana will still passes through the state's succession process before your assets are distributed. Succession can be straightforward, but it does involve court filings and legal procedures. If avoiding succession is a priority, a trust may be worth considering alongside your will.How often should I update my will?
Any significant life change — marriage, divorce, the birth of a child, the death of a beneficiary, a major change in assets, or the sale of a business — is a good reason to have your will reviewed. Even without major changes, a review every five years is a reasonable baseline. What is forced heirship in Louisiana? Forced heirship is a Louisiana law that gives certain children a protected right to a portion of your estate. Children who are 23 or younger, or who are permanently incapacitated regardless of age, cannot be fully disinherited under Louisiana law. A valid will must be drafted with this rule in mind to avoid a successful legal challenge during succession.
Ready to Get Your Will in Place?
The hardest part is usually just deciding to start. Once you're in the room with Dennis, the rest of the conversation comes naturally. Call us at (225) 293-8880 or schedule a consultation online — in person at our Baton Rouge office or by Zoom.