Revocable Living Trusts in Louisiana
How revocable living trusts work under Louisiana law and the other ways to pass property without probate.
Short answer: Louisiana has its own Trust Code (La. R.S. 9:1721 and following), not the Uniform Trust Code. A living (inter vivos) trust may be created only by authentic act, or by an act under private signature signed in the presence of two witnesses and acknowledged by the settlor or by affidavit of… La. R.S. 9:1752, 9:2045
| Revocable living trust | Louisiana has its own Trust Code (La. R.S. 9:1721 and following), not the Uniform Trust Code. A living (inter vivos) trust may be created only by authentic act, or by an act under private signature signed in the presence of two witnesses and acknowledged by the settlor or by affidavit of one of the witnesses. A settlor who reserved the right to revoke may delegate it only by an express statement in the trust or in a power of attorney executed by authentic act that refers to the trust. Property transferred to the trustee is held by the trust rather than passing through the succession. Source: La. R.S. 9:1752, 9:2045 |
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| Ways to avoid probate | Options include: bank accounts titled 'payable on death to,' 'in trust for' or 'as trustee for' named beneficiaries, which the bank may pay on a death certificate (La. R.S. 6:314); an inter vivos trust (La. R.S. 9:1752); and, for qualifying small successions, the small succession affidavit, with no court proceeding (La. Code Civ. Proc. art. 3421 and following). |
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FAQ
How do living trusts work in Louisiana?
Louisiana has its own Trust Code (La. R.S. 9:1721 and following), not the Uniform Trust Code. A living (inter vivos) trust may be created only by authentic act, or by an act under private signature signed in the presence of two witnesses and acknowledged by the settlor or by affidavit of one of the witnesses. A settlor who reserved the right to revoke may delegate it only by an express statement in the trust or in a power of attorney executed by authentic act that refers to the trust. Property transferred to the trustee is held by the trust rather than passing through the succession.
How can you avoid probate in Louisiana?
Options include: bank accounts titled 'payable on death to,' 'in trust for' or 'as trustee for' named beneficiaries, which the bank may pay on a death certificate (La. R.S. 6:314); an inter vivos trust (La. R.S. 9:1752); and, for qualifying small successions, the small succession affidavit, with no court proceeding (La. Code Civ. Proc. art. 3421 and following).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.