Louisiana property deeds
Louisiana does not use common-law deeds. Property moves by act of sale, act of exchange or act of donation, which a Louisiana notary or attorney prepares. Here is how those acts are signed, what the parish clerk of court wants on the page, and what recording costs. Deedly does not prepare Louisiana documents.
- Recording office
- Parish Clerk of Court
- Witnesses
- 2 + notary
- Transfer tax
- None
- First-page margin
- 2″ top
- Recording fee
- ~$105 up to 5 pages
- E-recording
- Every parish
Louisiana does not use common-law deeds of any kind
| 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 an act has to be signed in Louisiana
Louisiana acts are normally signed or acknowledged before a notary and two witnesses; for a donation that form is mandatory. A Louisiana donation of immovable property must be an authentic act, signed before a Louisiana notary and two witnesses, who all sign it (La. Civ. Code arts. 1541, 1833). A sale or exchange must be in writing, either as an authentic act or as an act under private signature (arts. 1839, 2440, 2664). In practice a sale is signed before a notary and two witnesses, or acknowledged before a notary and two witnesses (art. 1836).
| Requirement | Rule |
|---|---|
| Notarization | Required for a donation (authentic act). A sale is normally passed before, or acknowledged before, a notary and two witnesses. |
| Witnesses | Two for a donation, which must be an authentic act (La. Civ. Code arts. 1541, 1833). A sale is normally signed or acknowledged before two witnesses too (art. 1836). |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Both spouses must concur in the alienation of community immovable property (La. Civ. Code art. 2347). |
Louisiana document formatting rules
A safe layout for Louisiana is 8.5 × 11 inch paper with a 2-inch clear space at the top of the first page for the parish clerk of court's stamp, 1-inch margins elsewhere, and no type smaller than 8 point. Writing into the recorder's stamp area is the most common formatting rejection there is.
- Page one must carry a caption naming the type of act (for example "Act of Cash Sale"), with a 2-inch top margin and 1-inch bottom and side margins, and no type smaller than 8 point (La. R.S. 13:844(B)(2)).
- Use letter or legal paper. Any other size costs $20 a page extra (La. R.S. 13:844(A)(1)(i)), and Orleans Parish charges $20 for a document that misses the margin rule.
Louisiana transfer tax and recording fees
Louisiana has no state real estate transfer tax. The Louisiana Constitution bars any new tax on the sale or transfer of immovable property (La. Const. art. VII, § 2.3). In Orleans Parish the City of New Orleans levies a documentary transaction tax, a flat $325 on most sales, donations and other transfers, paid by the seller or donor when the act is recorded (New Orleans Code § 150-366). Quitclaims and some other acts are exempt (§ 150-369).
Recording fees run about $105 for up to 5 pages. Recording fees are set by state law (La. R.S. 13:844): $100 for a 1 to 5 page document, $200 for 6 to 25 pages, $300 for 26 to 50 pages, then $5 a page, with up to ten indexed names included. Every clerk adds a $5 portal fee (La. R.S. 13:754), which becomes $10 from January 1, 2027 until August 1, 2029 unless the legislature extends it (Acts 2026, No. 446). That makes $105 the state-law minimum for a short act today ($110 from January 1, 2027), not what every clerk charges: Orleans Parish and East Baton Rouge Parish each add a $30 fund fee and charge $135, and St. Tammany adds $15 and charges $120.
See how Louisiana's transfer tax and recording fee compare with other states.
How to hold title in Louisiana
- Sole ownership. One person owns everything.
- Co-ownership (ownership in indivision). Two or more people each own a share, presumed equal (La. Civ. Code art. 797). There is no right of survivorship: when a co-owner dies, that share passes under the co-owner's will or, without one, to the heirs.
- Community property. Each spouse owns a present undivided one-half interest in the community (art. 2336). Property a spouse owned before the marriage, or received by inheritance or as a gift to that spouse alone, is separate property (art. 2341). Spouses can choose a separate property regime by matrimonial agreement (art. 2328).
What the law presumes for married couples
Louisiana's community property regime governs most property acquired during marriage (La. Civ. Code art. 2338).
Where to record a deed in Louisiana
Deeds are recorded with the Parish Clerk of Court in the parish where the property is located. Louisiana has 64 parishes. Every parish clerk accepts e-recording, through the statewide eClerks LA portal or vendors such as Simplifile, CSC and ePN (La. R.S. 13:754). Most users are title companies and notaries.
East Baton Rouge · Jefferson · Orleans · St. Tammany · Lafayette · Caddo · Calcasieu. all Louisiana recording offices
What makes Louisiana different
- Louisiana is the only civil law state in the US. It does not use common-law deeds. Property moves by act of sale, act of exchange or act of donation. A donation must be an authentic act signed before a notary and two witnesses. A sale or exchange may also be an act under private signature, which is usually acknowledged before a notary and two witnesses.
- Louisiana still has forced heirship, but only for children who are 23 or younger when the parent dies, or who are permanently unable to care for themselves or manage their estates because of mental incapacity or physical infirmity (a grandchild can take a deceased parent's place in some cases). Their reserved share is one quarter of the estate for one such child and one half for two or more, and a donation or will that cuts into it can be reduced (La. Civ. Code arts. 1493, 1495, 1503). No other state has forced heirship for children.
- Louisiana notaries have far broader authority than notaries elsewhere and typically draft the act themselves.
- Deedly does not prepare Louisiana documents. If your property is in Louisiana, work with a Louisiana notary or attorney. This is not a DIY situation.
Deedly does not prepare Louisiana documents
Deedly does not prepare Louisiana documents. A Louisiana notary or attorney prepares the act of sale or act of donation, and you record it with the clerk of court of the parish where the property is located.
Common questions
A Louisiana notary or attorney prepares an act of sale, act of exchange or act of donation. A donation must be signed before the notary and two witnesses. A sale is usually signed or acknowledged before a notary and two witnesses. The act is then recorded with the clerk of court of the parish where the property is located.
Louisiana does not require an attorney. A Louisiana notary, who need not be a lawyer, can prepare and pass an act of sale or donation. Deedly does not prepare Louisiana documents.
About $105 for up to 5 pages, and more where the parish adds a fee of its own ($135 in East Baton Rouge and Orleans, $120 in St. Tammany). Louisiana has no state transfer tax. 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.
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.
Keep reading
- Why Louisiana does not use quitclaim deedsWhat a Louisiana notary prepares instead, and how the act is signed.
- Why Louisiana does not use warranty deedsA Louisiana sale carries the seller's warranty against eviction unless the act limits or excludes it.
- Why Louisiana does not use gift deedsA donation must be an authentic act, signed before a notary and two witnesses.
- Louisiana and transfer-on-death deedsLouisiana has none. A transfer that takes effect at death needs a will.
- Louisiana recording officesWhere to file in each parish, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
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.