Lady Bird Deeds in Louisiana
Louisiana does not use lady bird deeds, or any common-law deed. It is the only state in the country whose property law descends from the French and Spanish civil codes rather than from English common law, and the instruments are genuinely different.
Deedly does not prepare Louisiana documents
Not because they are difficult, but because a common-law deed template would be the wrong document. Louisiana transfers are handled by a Louisiana notary, who, unlike an ordinary notary in other states, can prepare and pass the act itself.
What Louisiana uses instead
| Instead of | Louisiana uses |
|---|---|
| Warranty deed / sale | Act of Sale or Act of Cash Sale, with warranty |
| Quitclaim deed | Act of Quitclaim or an act translative of title, rarely used |
| Gift deed | Act of Donation (donation inter vivos) |
| Life estate deed | A usufruct, with its own rules (La. Civ. Code art. 535) |
| Deed to a trust | Act of transfer to the trustee |
| Transfer-on-death deed | No equivalent. Louisiana has no TOD deed |
How a Louisiana act is signed
A Louisiana sale is normally passed as an authentic act, signed by the parties before a Louisiana notary and two witnesses, or as an act under private signature acknowledged the same way. A donation must be an authentic act. That is why Louisiana notaries draft the document themselves.
Other differences that catch people out
- Parishes, not counties. Louisiana has 64 parishes, and recording is with the Parish Clerk of Court. Orleans Parish uses the Land Records Division of the Clerk of Civil District Court.
- Forced heirship. Louisiana reserves part of an estate for children who are 23 or younger at the parent's death, or who are permanently unable to care for themselves or manage their estates because of mental incapacity or physical infirmity. A donation or will that cuts into that share can be reduced, unless the child was disinherited for a cause the Civil Code allows (La. Civ. Code arts. 1494, 1621). No other state does this.
- Usufruct. Louisiana's equivalent of a life estate is a usufruct, with its own rules that do not map onto common-law life estates.
- Community property. Louisiana is a community property state and both spouses must concur in the alienation of community immovable property.
- Transfer tax. The Louisiana Constitution bars any new tax on the sale or transfer of immovable property (art. VII, § 2.3). In Orleans Parish the City of New Orleans adds a documentary transaction tax, a flat $325 on most sales and donations, paid by the seller or donor.
What to do
- Find a Louisiana notaryLouisiana notaries must pass a state examination unless they are Louisiana attorneys, and they can draft and pass acts that transfer immovable property. This is the normal route for an ordinary transfer, and it is not expensive.
- Or use a Louisiana real estate attorneySensible where there is a succession, forced heirship, a usufruct, or any complexity.
- Gather what they will needYour prior act of sale, the property's legal description, the full legal names of everyone involved, and the parish where the property is located.
Deedly covers all 49 other states plus the District of Columbia.
Common questions
Louisiana recognizes an act of quitclaim, but it is uncommon and behaves differently from a common-law quitclaim deed. A form written for another state is the wrong instrument. Use a Louisiana notary.
Its private law descends from the French and Spanish civil codes rather than English common law, a legacy of the territory's history before the Louisiana Purchase. The Louisiana Civil Code, not case law, is the primary source of property law.
No. Louisiana has no transfer-on-death deed: a transfer that takes effect at death must be made by a testament (La. Civ. Code art. 1570). The usual tools are a will, a donation during life (sometimes reserving a usufruct) and a trust, which a Louisiana notary or attorney prepares.
Notary fees vary and are often a few hundred dollars for a straightforward transfer, plus the parish recording fee, which starts at $105 for an act of up to 5 pages (La. R.S. 13:844). Considerably less than a full attorney engagement, and the notary does the drafting.
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Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.