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Business Law Blog

2025 Louisiana Successions Update: What Families Need to Know

Posted by Amanda Butler Schley | Sep 15, 2025 | 1 Comment

Louisiana's 2025 legislative session brought important updates to succession and estate law. These changes affect how wills are executed, how probate proceedings unfold, and how heirs can protect their rights. At Business Law Group, we stay on top of these developments so you can plan with confidence.

Here are the highlights:


1. Modernized Will Formalities (Act 30)

For years, Louisiana has had some of the most technical rules for wills in the country. Act 30 (2025) simplifies both olographic and notarial testaments:

  • Olographic wills: Your signature and date no longer need to be at the very end—so long as they clearly identify you and resolve date-related issues. If you add or delete language after signing, those changes can still be valid without rewriting the whole will.

  • Notarial wills: Signature and date placement rules are clarified, and updated proof provisions reduce the need for extra testimony when a will was executed properly.

Why it matters: These reforms reduce “technical knock-outs” that once caused many wills to be challenged or invalidated.


2. Easier Small-Succession Processing (Act 55)

The value threshold for small successions remains the same, but Act 55 makes the process easier by authorizing notaries to obtain certified death certificates when preparing small-succession affidavits.

Why it matters: This eliminates a common paperwork hurdle for families handling modest estates.


3. Probate Procedure Tweaks (Act 34)

Act 34 improves how uncontested wills are probated:

  • Ex parte probate: Clearer rules for when an objection is valid.

  • Proces verbal: Modernized requirements for recording proceedings.

  • Proof: Affidavits and depositions are more clearly allowed in place of in-person testimony.

Why it matters: These changes streamline uncontested probate and reduce unnecessary delays.


4. Penalty & No-Contest Clauses (Act 39)

New Civil Code article 1519.1 limits the enforcement of penalty or “no-contest” clauses in wills, trusts, or donations.

  • Such a clause is unenforceable if the challenger had a reasonable factual basis suggesting a substantial likelihood of success.

Why it matters: Heirs with good-faith claims can seek justice without automatically forfeiting their inheritance.


5. Survival & Wrongful-Death Prescription Extended (Act 176)

The time limit to bring survival or wrongful-death claims has been extended from one year to two years, with specific carve-outs for medical-malpractice cases.

Why it matters: Families now have more time to pursue claims connected to a loved one's passing.


6. E-Filing & Original Document Requirements (Act 352)

Beginning January 1, 2026, most court filings by attorneys must be submitted electronically or in person on paper. But certain documents—like original wills—must still be filed in physical form.

Why it matters: Executors and their attorneys must be prepared for a statewide e-filing system, while still safeguarding original wills.


What Did Not Change

  • Small-succession value limit: The cap remains the same; the change is only procedural (Act 55).

  • Forced heirship rules: No new legislation in 2025; recent case law simply reaffirms how courts apply the doctrine.


Final Thoughts

These changes make succession law more practical, reduce technical pitfalls in wills, and extend key rights for heirs. But planning ahead remains critical: an outdated will or succession plan could still create expensive conflicts.

📞 Contact us today to schedule a https://www.lawgroup.biz/book-online and make sure your estate plan reflects the 2025 succession law updates.

About the Author

Amanda Butler Schley

Amanda Butler Schley is a New Orleans business attorney and founder of Business Law Group, advising entrepreneurs, LLC owners, and growing companies on business law, contracts, entity structuring, and partner relationships. She helps clients proactively manage risk, resolve disputes, and build legally sound, scalable businesses using a strategic approach she calls “legal leverage.” Amanda works with founders across industries—including hospitality, retail, and professional services—to structure deals, navigate complex business decisions, and protect long-term growth.

Comments

Charles Bradley Reply

Posted Dec 05, 2025 at 12:06:11

Thank you for this valuable information conserving the changes is the succession laws in Louisiana. I am in the process of becoming a non-attorney Notary. I took the notary exam on November 20, 2025 but did not pass. I will be taking the exam again in 2026. I found the information on Olographic and Notarial Wills very helpful.

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Business Law Group is a boutique business services law firm in New Orleans, Louisiana. Our focus is on understanding the legal pitfalls of your business and industry, as well as the secrets to maximizing your legal leverage at every opportunity and in every negotiation. We work selectively with clients that aren't ready for the overhead expense of an in-house general counsel, but understand the advantages of having a trusted legal advisor on their team. Amanda Butler has been ranked as a Louisiana SuperLawyer, New Orleans Top Lawyer, Best Lawyers, and in Leaders of Law.

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