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You don’t need a large estate or a complex financial portfolio to plan ahead. What is a simple will? It’s a straightforward tool that helps ensure your family is cared for and your wishes are respected. For most people, it’s the first, and most important, step in protecting what matters most.
Our Baton Rouge estate planning lawyers help clients understand the benefits of a simple will and how it fits into a broader plan. With guidance from trusted estate planning experts, you can avoid common pitfalls in the probate process and create a document that gives you peace of mind.
At The Law Offices of Ossie Brown, we’ve proudly served the Baton Rouge community for over 40 years. Attorney Ossie Brown is well-known throughout Louisiana for his in-depth knowledge of state laws, probate court procedures, and straightforward estate planning strategies. Our team understands that no two families are the same, which is why we offer personalized guidance to help you create a legally valid will that fits your life and goals.
Thinking about wills and estate planning doesn’t need to be complicated or expensive. If you’re ready to take the next step, contact The Law Offices of Ossie Brown today at (225) 343-1111 to schedule your consultation.
What is the Difference Between a Will and a Simple Will?
In Louisiana, a will, formally known as a last will and testament, is a legal document that allows you to decide how your property and assets will be handled after your death. It lets you name beneficiaries, appoint someone to carry out your instructions, and provide for your children. Without a legally valid will, assets are distributed according to Louisiana’s default rules, which may not reflect your wishes.
A simple will is a streamlined version of a traditional will. It typically includes the appointment of an executor, directions for distributing assets, and the designation of a guardian for any minor children. This type of will is often used by individuals with a simple estate, which in Louisiana generally means assets worth less than $1 million and no need for tax planning or advanced trust structures.
Simple wills are a practical option for people with straightforward situations—those who own a home, have basic bank accounts, and do not have complex business interests, investment accounts, or family members from a previous relationship. They provide enough structure to protect your wishes while keeping the legal process simple and affordable.
A more complex will may be appropriate for estates involving larger amounts of money, multiple properties, or special planning needs.
What are Complex Wills?
A complex will is a more detailed legal document used when an estate involves issues beyond a simple will’s scope. In Louisiana, complex wills are appropriate for individuals with high-value estates, multiple properties, or financial assets in multiple states. They also support comprehensive planning needs such as estate taxes, business succession, and special needs trusts for beneficiaries requiring long-term care or oversight.
This type of will may be necessary if you have investment accounts, significant personal property, or wish to pass on family heirlooms to specific individuals. It’s also useful when your estate includes charitable organizations, several beneficiaries, or family members from a previous relationship, particularly when there’s potential for disputes.
While a simple will may work for more basic situations, complex wills provide more structure and flexibility for those with advanced estate planning goals. Our Baton Rouge estate planning lawyers are here to help you decide whether a complex will is the right fit for your unique needs.
Provisions in a Simple Last Will and Testament
A simple will includes several important provisions that help clarify how your estate should be handled. These typically involve naming an executor, designating a guardian for any minor children, and outlining how assets, personal property, and beneficiaries are addressed.
By putting these instructions into a legally binding document, the person creating the will can provide direction that supports their final wishes and helps reduce potential disputes during the probate process.
Revocation of Prior Wills
In Louisiana, the most recent will is recognized as the legally valid will, which is consistent with the approach taken in most states. A simple will typically includes a clause formally revoking all previous wills and codicils. This provision removes uncertainty and confirms that only the latest version of your legal document should be followed during the probate process.
Including this language helps protect the estate and reduces the chance of potential conflicts among family members or other beneficiaries.
Appointment of Executor
A key provision in a simple will is the appointment of an executor, the person responsible for managing your estate after your death. The executor oversees the legal process, files documents with the probate court, pays debts, and ensures your assets are distributed according to your instructions.
Choosing someone reliable, organized, and comfortable handling paperwork is important. Most people also name an alternate executor in case the first choice is unable or unwilling to serve. This helps prevent delays and keeps the administration of your estate on track.
Guardian of Minor Children
A simple will allows you to appoint guardians for your minor children, one of the most important steps you can take as a parent. Without a legally valid will, the court will decide who should care for your children, and those decisions may not align with your wishes.
By clearly naming a guardian in advance, you reduce the likelihood of family conflict or the need for court-imposed arrangements. It’s one of the key differences when comparing Testate vs Intestate in Louisiana. Dying intestate—without a will—leaves these deeply personal decisions to the court instead of someone you trust.
Including a guardian provision ensures that your children are cared for by the person you choose, rather than one assigned through a public legal process.
Disposition of Property and Beneficiary Designations
A simple will provides clear instructions for how your assets and property should be handled after your death. You can name individuals, such as children, family members, friends, or charitable organizations, to receive specific items. These individuals are called beneficiaries.
The court oversees the asset distribution to ensure your final wishes are honored. Without proper beneficiary designations, your estate may be divided according to Louisiana’s intestacy laws. Additional planning beyond a simple will may be necessary if your estate involves substantial financial assets or unique circumstances.
Can You Write Your Own Will in Louisiana?
Yes, Louisiana law allows the person creating a will to handwrite their own, known as an olographic will, under Louisiana Civil Code Article 1575. This legal document must be entirely written, dated, and signed in the individual’s own handwriting to be considered valid.
The person must also have mental capacity and be of sound mind at the time of writing. If any of these requirements are missing or disputed, the will may be challenged during the probate process, which can cause delays and uncertainty.
Although creating a handwritten will may seem convenient, it carries legal risk. The safest approach is to work with experienced estate planning experts who can prepare a notarial will that meets all legal requirements and reduces the chance of court rejection.
Pros and Cons of a Do-It-Yourself Will
Louisiana law allows the person creating a will to write an olographic will—a legal document that must be fully handwritten, dated, and signed. The individual must also have mental capacity and be of sound mind. While will kits and handwritten wills may seem convenient, they come with trade-offs.
Pros
- Inexpensive and easy to create
- Useful in emergencies
- Legally valid if all requirements are met
Cons
- Strict form requirements increase the risk of invalidation
- Lack of legal guidance may result in unclear asset distribution
- Courts may require witness testimony to confirm mental capacity
- Errors can delay or complicate the probate process
- No guarantees that beneficiaries or minor children are properly accounted for
While a handwritten will can work in some cases, working with estate planning experts helps you create a clear, legally valid will that protects your final wishes and reduces court involvement.
Do I Need a Lawyer for a Simple Will in Louisiana?
While creating a simple will on your own in Louisiana is legal, working with an experienced estate attorney is the most reliable way to ensure your legal document is valid and enforceable. Even will kits and do-it-yourself options can cost several hundred dollars and often leave out critical legal protections. Minor errors in wording or missing signatures can lead to delays or court challenges during the probate process.
At The Law Offices of Ossie Brown, we draft legally binding simple wills that fully comply with Louisiana’s state laws. A properly prepared notarial will can help you avoid probate, appoint a trusted executor, name guardians for minor children, and clearly outline how your assets should be distributed.
As a full-service estate planning firm, we also assist clients with related documents, such as powers of attorney. As your trusted Baton Rouge Power of Attorney Lawyer, Ossie Brown can help you assign someone to make financial or medical decisions on your behalf if you’re ever unable to do so yourself.
Whether you’re creating a new will, updating an existing will, or planning for future care, our team offers personalized support and legal guidance every step of the way.
Contact the Baton Rouge Estate Planning Lawyers at The Law Offices of Ossie Brown Today
Don’t leave important decisions about your estate and family to chance. If you need a simple will or require an existing will to be updated to comply with Louisiana’s estate laws, The Law Offices of Ossie Brown is here to help. We offer straightforward, affordable estate planning services tailored to your needs.
Attorney Ossie Brown has served families in Baton Rouge for over 40 years. He provides trusted guidance in preparing simple wills, assigning power of attorney, and protecting final wishes through legally sound planning.
Call (225) 343-1111 or contact us online to schedule your appointment. We proudly serve Baton Rouge and the surrounding areas with honest, experienced legal support.