Personal Property Memorandum Requirements in Louisiana

Short answer No. Louisiana permits a disposition at death only through an authorized testament and recognizes only olographic and notarial testament forms; a will reference does not give a separate informal personal-property list binding effect. A binding disposition or later modification must use the applicable testament form, subject to the narrow rule for handwritten additions or deletions made directly on an olographic testament.
State
Louisiana
Statute checked
August 11, 2026
Sources
6 statutes

At a glance

Governing law and device recognizedNo separate memorandum device; dispositions at death require an authorized testament, and only olographic or notarial forms exist (C.C. arts. 1570, 1574)
Will reference requiredNo special reference rule; mentioning an informal list does not create a third testament form
Eligible property and exclusionsN/A No memorandum-specific tangible-property category, exclusion list, or value cap
Signature, handwriting, and dateNo memorandum formality; binding writing must be an olographic or notarial testament meeting arts. 1575 or 1576
Item and devisee identificationNo memorandum-specific item-and-recipient certainty formula; binding dispositions belong in a valid testament
Timing before or after the willN/A No later-list statute; a later binding disposition must itself use an authorized testament form (arts. 1570, 1574)
Alteration, replacement, and conflict priorityNo memorandum update or priority rule; handwritten on-document changes have art. 1575(D)'s narrow rule, and other modifications require testament form (art. 1610)
Probate use, effect, and failure consequenceNo independent statutory effect or filing route; failure to observe testament formalities makes the attempted testament absolutely null (art. 1573)

Louisiana uses testament forms instead

Louisiana calls a will a testament. Civil Code art. 1570 supplies the basic rule:

“A disposition mortis causa may be made only in the form of a testament authorized by law.”

Article 1574 then states that there are two forms: olographic and notarial. The current testament scheme does not create a third form for a will-referenced personal-property list. An informal list therefore does not become a binding disposition merely because a testament mentions it or because the testator signs and stores it with the testament.

For a binding handwritten disposition, art. 1575 requires an olographic testament entirely written, dated, and signed in the testator's handwriting. A notarial testament under art. 1576 must be written and dated, executed before a notary public in the presence of two witnesses, and signed by the testator, each witness, and the notary. The statute also supplies a mark or directed- signature route for a testator who cannot sign.

Because Louisiana has no memorandum device, the Code states no memorandum- specific property definition, excluded-asset list, value ceiling, item-and- recipient formula, competing-list priority rule, or separate probate filing deadline.

What trips people up

An informal list cannot be updated freely and remain binding through an old testament reference. Article 1610 states:

“Any other modification of a testament must be in one of the forms prescribed for testaments.”

Article 1575(D) is narrower. It permits additions and deletions made after execution directly on an olographic testament to be given effect only when they are made by the testator's hand. That on-document rule does not create a separate memorandum that may be typed, signed, or revised outside the testament.

Article 1573 also makes the consequence explicit: omitted testament formalities make the attempted testament absolutely null. A signed informal list is not a middle category between a nonbinding note and a valid testament.

Common questions

Can a Louisiana testament mention a personal-property list?

It can mention one as a practical matter, but the current Code gives no special binding effect to the reference. A disposition at death must be made through an authorized testament form.

Can a handwritten list work without a notary or witnesses?

Only if the writing itself qualifies as an olographic testament: it must be entirely written, dated, and signed in the testator's handwriting and adopted as the testator's testament. A printed worksheet with handwritten entries does not satisfy that stated form.

Can a typed list become binding if the testator signs and dates it?

Not as a separate memorandum. A typed binding testament must use the notarial form in art. 1576, including execution before a notary and two witnesses and the required signatures.

May the testator change an olographic testament by handwriting on it?

Article 1575(D) allows later additions and deletions on the testament to be given effect only when made by the testator's hand. Other modifications must use one of the prescribed testament forms under art. 1610.

Statutes and sources

  • La. Civ. Code arts. 1570, 1573, and 1574 — disposition-at-death form, absolute-nullity consequence, and the two exclusive testament forms. Louisiana Legislature: https://legis.la.gov/legis/Law.aspx?d=108895, https://legis.la.gov/legis/Law.aspx?d=108898, and https://legis.la.gov/legis/Law.aspx?d=108899 (accessed 2026-08-11).
  • La. Civ. Code art. 1575 — olographic form and handwritten on-document additions and deletions. Louisiana Legislature: https://legis.la.gov/legis/Law.aspx?d=108900 (accessed 2026-08-11).
  • La. Civ. Code art. 1576 — notarial form. Louisiana Legislature: https://legis.la.gov/legis/Law.aspx?d=108901 (accessed 2026-08-11).
  • La. Civ. Code art. 1610 — other modifications must use a prescribed testament form. Louisiana Legislature: https://www.legis.la.gov/legis/Law.aspx?d=108939 (accessed 2026-08-11).

Source links

Every statute quoted above, linked, with the date we checked it.

La. Civ. Code art. 1570 · accessed 2026-08-11
La. Civ. Code art. 1573 · accessed 2026-08-11
La. Civ. Code art. 1574 · accessed 2026-08-11
La. Civ. Code art. 1575 · accessed 2026-08-11
La. Civ. Code art. 1576 · accessed 2026-08-11
La. Civ. Code art. 1610 · accessed 2026-08-11
This page is general legal information about a will-referenced separate writing for tangible personal property, not legal, tax, valuation, title, firearms, marital-property, ownership, probate, or estate-planning advice about a particular will, writing, person, item, transfer, or estate. The device's availability and effect can depend on the will's exact reference, whether the will remains operative, the property's character and value, the writing's handwriting, signature placement and date, identification of items and recipients, later changes, competing writings, capacity, ownership, and post-death filing or proof. A writing that works in one state may fail in another, and it does not replace required title or transfer procedures. Verified against the cited official sources on the date shown; obtain prompt advice from a licensed estate-planning or probate attorney before preparing, changing, relying on, or administering a personal property memorandum.

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