When a person dies without a will in Louisiana, their estate follows intestate succession laws. These laws determine who inherits property and assets based on family relationships. Understanding the state’s unique succession system can help heirs navigate the process smoothly.
Who inherits under Louisiana intestate law?
Louisiana law prioritizes close relatives when distributing an estate. If the deceased had children, they inherit the entire estate equally. If there are no children, the estate passes to the next closest relatives, such as parents, siblings, or spouses.
The surviving spouse does not automatically inherit everything. Instead, if the deceased had children, the spouse receives only a usufruct, or lifetime right to use certain assets, such as the family home. If no children exist, the spouse may inherit outright, but only if no closer blood relatives remain.
What happens to community property?
Louisiana follows community property laws, meaning assets acquired during marriage belong equally to both spouses. If one spouse dies without a will, their half of the community property passes to their children or other heirs, while the surviving spouse keeps their own half. The spouse may also receive a usufruct over the deceased’s portion, which usually lasts until death or remarriage.
How does forced heirship impact intestate succession?
Louisiana law includes forced heirship, which protects certain heirs from disinheritance. If the deceased leaves behind a child under 24 or an adult child with a disability, that child must receive a portion of the estate, even if the deceased had intended otherwise.
How can heirs handle the succession process?
Heirs must file a succession proceeding in court to transfer ownership of property. This process ensures debts are settled and assets are legally distributed. Some small estates qualify for a simplified procedure, but most require formal probate.
Understanding Louisiana’s intestate succession laws helps families manage inheritance matters efficiently. Being informed about the legal process ensures heirs receive their rightful share and prevents unnecessary disputes.