Will vs. Transfer-on-Death (TOD) Deeds and Payable-on-Death (POD) Designations in Louisiana

Short answer: A will that leaves everything to your daughter controls only assets that pass through your Louisiana succession (probate). Transfer-on-death deeds, POD/TOD beneficiary designations, and account titling govern many assets outside succession and usually override a will for the particular asset they cover. Choosing whether to add TOD or POD designations depends on the types of property you own, how they are titled, and whether Louisiana succession rules (including forced‑heir protections) apply. Because Louisiana law has specific rules about succession, consider an attorney before changing beneficiary arrangements.

Detailed answer

How property passes at death in Louisiana

In Louisiana, property passes to heirs or legatees either (1) by operation of title or contract (outside succession), or (2) through succession (the probate process) when no outside mechanism applies. Common outside-succession transfers include:

Bank and brokerage accounts with a Payable-on-Death (POD) or Transfer-on-Death (TOD) beneficiary designation;
Retirement accounts and life insurance with named beneficiaries;
Real estate held with a transfer-on-death or beneficiary deed (where allowed by Louisiana law and the county recorder);
Property held in joint ownership with rights of survivorship.

These designations generally pass ownership directly to the named beneficiary and do not get distributed by the will. If an asset has a valid named beneficiary or other survivorship title, the probate court generally will not put that asset through succession.

What a will does — and does not — do

A will controls only assets that are part of your succession (assets without a beneficiary designation or survivorship title). If your will leaves “all my property” to your daughter, that disposition applies only to succession property. It does not automatically change beneficiary designations or the title rules of accounts, real estate, or retirement plans.

Why you might still want TOD/POD designations

Avoid probate delay and cost. Beneficiary designations and TOD/POD transfers typically move property to the beneficiary quickly and without succession formalities.
Provide immediate access to funds for bills and funeral costs. A POD account can let your daughter access funds without waiting for a succession to conclude.
Keep certain assets out of the public record. Succession filings are public; many beneficiary transfers are not.
Prevent conflicts between title and your will. If you intend a particular account or piece of real estate to go to your daughter, a beneficiary designation or a TOD deed removes ambiguity.

When a will might be enough

If all of your significant assets are titled in ways that will be handled in succession (no beneficiary designations, no joint accounts or joint ownership, and no TOD deeds), then a will alone can be sufficient. But that situation is uncommon because many people hold retirement plans, life insurance, or bank accounts with beneficiaries.

Important Louisiana-specific considerations

Forced‑heirship rules: Louisiana has protections for certain forced heirs (for example, some minor children or children who are permanently incapacitated). These rules can limit a testator’s ability to freely dispose of part of the estate by will. Whether a non‑probate transfer (like a beneficiary designation) can adversely affect forced‑heir rights is a legal issue that depends on the facts; consult a Louisiana succession attorney if forced‑heirship might apply.
Community and separate property: Louisiana’s property regimes can affect ownership at death. Spousal rights and community property rules may impact what you can do by will or by beneficiary designation.
Account terms and institutional rules: Banks, insurance companies, and retirement plan trustees set their own procedures for beneficiary forms, TOD deeds, and how they transfer assets on death. Confirm the institution’s requirements and get their beneficiary form completed and accepted.

Practical example (hypothetical)

Suppose you live in Louisiana, your will leaves “all my property” to your daughter, and you also have a bank account with a POD designation naming your sister. At your death the bank account will pass to the sister by POD, not to your daughter under the will. If you actually want the account to go to your daughter, you must change the POD designation with the bank — updating the will will not change who the bank pays.

Steps to take now

Inventory your assets and how each is titled (sole name, joint tenancy, TOD/POD, beneficiary designation, retirement plan, life insurance).
Check current beneficiary forms with banks, insurers, and retirement plan administrators and update them if needed. Make sure the institution has accepted the form.
Consider a TOD deed for real estate if you want to avoid succession for a house — verify whether your parish recorder accepts beneficiary/TOD deeds and follow local recording requirements.
Review whether forced‑heirship or spousal rights could limit dispositions under your will or via beneficiary forms.
Talk with a Louisiana attorney if you have complex assets, minor or incapacitated children, blended‑family concerns, or significant estate tax or creditor issues.

When to consult a Louisiana attorney

Get legal advice if any of the following apply:

You have possible forced heirs (young or permanently incapacitated children).
Your estate includes business interests, out‑of‑state real estate, or complex investments.
You want to use beneficiary deeds for real estate or you have a complicated titling history.
You want to coordinate beneficiary designations and a will to minimize disputes and taxes.

Helpful links

For general information about Louisiana law and to find official state resources, use the Louisiana Legislature website: https://www.legis.la.gov. For practical steps, contact the institutions that hold your accounts (bank, brokerage, insurer, retirement plan administrator) to obtain and submit beneficiary/TOD/POD forms.

Helpful Hints

Do an asset-by-asset check: title determines transfer at death — not the will.
Update beneficiaries after major life events (marriage, divorce, births, deaths).
Keep copies of beneficiary forms and proof the institution accepted them.
If you want one person to receive everything, make sure every account and policy is retitled or has a beneficiary named consistently with your will.
Be cautious with informal statements; only properly executed beneficiary forms, recorded deeds, or account documents control transfers.
Consider a short letter of intent for your daughter plus clear titling to reduce confusion at death.
If you have minor children, consider who will manage assets for them — a POD to an adult can bypass court supervision but may not be appropriate for long-term management.

Disclaimer: I am not a lawyer. This article explains general principles of Louisiana succession and asset transfer, but it does not provide legal advice. For advice specific to your situation, consult a licensed Louisiana attorney who handles successions and estate planning.