The court shall appoint as tutor the person nominated as such in a testament or an authentic act, upon his furnishing security and taking an oath, as provided in Articles 4131 and 4171, unless he is disqualified or unless for some other reason the court determines that the appointment would not be for the best interest of the minor.
Art. 4062.Tutorship By Will
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 2. Appointment of Particular Tutors · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4062 requires the court to appoint the person a parent nominated as tutor in a testament or authentic act, known as a tutor by will, once that nominee furnishes security and takes an oath, unless the nominee is disqualified or the appointment would not serve the minor's best interest.
Full Text of Art. 4062
Plain-English Summary
A parent can plan for a child's tutorship in advance by naming a tutor by will — a nomination made in a testament or an authentic act, taking effect if the naming parent dies or otherwise cannot continue as tutor. Article 4062 gives that nomination real weight: the court appoints the nominee.
That appointment is not automatic in the sense of skipping every step. The nominee still has to furnish security and take an oath, in the manner Articles 4131 and 4171 set out, before the appointment takes hold. And the court retains a gatekeeping role even after a valid nomination: it will not appoint a disqualified nominee, and it can decline to appoint even a qualified one if, for some other reason, the appointment would not serve the minor's best interest.
Tutorship by will sits alongside legal and dative tutorship as one of the ways a tutor other than a natural tutor comes to be appointed. Where a testamentary nomination exists and holds up, it takes priority over the court selecting someone through the legal or dative tutor process described in the articles that follow.
Frequently Asked Questions
What is a tutor by will in Louisiana?
A person a parent nominates to serve as tutor of a minor child in a testament or an authentic act, effective if the naming parent can no longer serve as tutor.
Must the court appoint whoever a parent names as tutor by will?
The court appoints the nominee once security is furnished and the oath is taken, unless the nominee is disqualified or the appointment would not be in the minor's best interest.
Does a tutor by will skip the security and oath requirements?
No. Article 4062 still requires the nominee to furnish security and take an oath, as provided in Articles 4131 and 4171, before the appointment takes effect.
Can a court refuse to appoint a validly named tutor by will?
Yes, if the nominee is disqualified or if the court determines, for some other reason, that the appointment would not serve the minor's best interest.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: tutor by will LouisianaArticle 4062 Louisianatestamentary tutor Louisianaparent naming tutor in a willtutorship by testament Louisiana