This page explains Louisiana notarial act and witness requirements in plain English.
Louisiana is different from most states. In many states, a deed is simply signed before a notary public. Louisiana often uses a special type of legal document called an Authentic Act.
Important Louisiana Signing Note:
A Louisiana Authentic Act is generally signed before:
- a notary public or other authorized officer
- two witnesses
- the party or parties signing the document
What Is a Louisiana Authentic Act?
An Authentic Act is a written document executed before a notary public or another authorized officer in the presence of two witnesses.
The parties who execute the document sign it. The two witnesses sign it. The notary also signs it.
In plain English, Louisiana uses this process to give the document a stronger formal status than an ordinary private writing.
Why This Matters for Louisiana Real Estate Transfers
Louisiana Civil Code Article 1839 says a transfer of immovable property must be made by Authentic Act or by act under private signature.
"Immovable property" generally means real estate.
Because many Louisiana real estate transfer documents are prepared as Authentic Acts, the notary and witness requirements need to be handled correctly before the document is recorded.
How the Signing Process Usually Works
The signing party or parties appear before the notary and the two witnesses.
The parties sign the document. The witnesses sign the document. The notary signs and completes the notarial portion.
The typed or hand-printed name of each signer should appear legibly beneath that person's signature.
Do All Signatures Have to Happen at the Same Time?
Louisiana Civil Code Article 1833 says an Authentic Act does not need to be executed at one time or place, or before the same notary, as long as each party executes it before a notary or authorized officer and in the presence of two witnesses.
That's an important legal detail, but for ordinary property owners, the safest practical approach is simple: don't sign early unless the notary handling the transaction tells you exactly how to proceed.
Practical Tip:
If a Louisiana transfer document is intended to be an Authentic Act, arrange the signing session with the notary and witnesses before anyone signs.
Who Can Serve as a Witness?
Louisiana Authentic Acts generally require two competent witnesses.
In practical terms, witnesses should be adults who can observe the signing, understand that they're witnessing a legal document, and sign their names clearly.
Many notaries can help arrange witnesses if needed.
Can the Notary Also Be a Witness?
No. The notary serves a separate role from the witnesses.
A Louisiana Authentic Act generally requires a notary public or other authorized officer plus two witnesses.
Don't assume the notary counts as one of the two witnesses.
Can Family Members Be Witnesses?
Louisiana law does not automatically prohibit every family member from serving as a witness in every situation.
However, for real estate transfers, many people prefer witnesses who aren't parties to the transaction and who don't create confusion about the transfer.
If there's any question about a proposed witness, ask the notary handling the signing before proceeding.
Do Printed Names Matter?
Yes. Louisiana Civil Code Article 1833 says the typed or hand-printed name of each person must be placed legibly beneath that person's signature.
This includes each party who signs the act, each witness, and the notary.
Failing to include the typed or hand-printed name may not automatically destroy the authenticity of the act, but it's still a requirement that should be followed carefully.
Official Louisiana Sources
The key Louisiana Civil Code articles are:
Common Louisiana Signing Mistakes
- Signing before arranging the notary and witnesses
- Using only one witness
- Assuming the notary counts as one of the two witnesses
- Forgetting witness signatures
- Forgetting typed or hand-printed names beneath signatures
- Using a deed form from another state without adapting it to Louisiana requirements
- Assuming Louisiana signing rules are the same as common-law states
How This Fits Into the Louisiana Quitclaim Deed Process
When preparing a Louisiana quitclaim deed or transfer act, the signing process matters as much as the wording of the document.
The notary, two witnesses, printed names, and proper execution can affect whether the document is ready for parish recording.
See the main Louisiana Quitclaim Deed Instructions page for the complete step-by-step guide.
Louisiana Notarial Act and Witness FAQ
What is a Louisiana Authentic Act?
A Louisiana Authentic Act is a writing executed before a notary public or other authorized officer, in the presence of two witnesses, and signed by the parties, witnesses, and notary.
How many witnesses are needed?
A Louisiana Authentic Act generally requires two witnesses in addition to the notary public or authorized officer.
Can the notary also be one of the witnesses?
No. The notary serves a separate role. Don't count the notary as one of the two witnesses.
Do printed names need to appear beneath signatures?
Yes. Louisiana Civil Code Article 1833 says the typed or hand-printed name of each person must be placed legibly beneath that person's signature.
Is this legal advice?
No. This page provides general educational information and is not legal advice.