What Happens if You Die Without a Will in Louisiana?

Louisiana doesn't use the word "will" the way other states do, and dying without a testament here triggers rules found nowhere else in the country. Let's break down what happens.

If You are Married with Children

Your spouse and your children split your estate along community and separate property lines, and your spouse gets a lifetime usufruct rather than outright ownership of your community property share.

• Your spouse keeps their own half of the community property and receives a usufruct, the right to use, over your half. Your children own your half of the community property once the usufruct ends, and they inherit all of your separate property outright.

If You are Married Without Children

• If you have living parents but no siblings, your spouse inherits all of your community property. Your parents inherit your separate property.  

• If you have siblings but no living parents, your spouse inherits all of your community property. Your siblings inherit your separate property.  

• If you have both living parents and siblings, your spouse inherits all of your community property. Your siblings inherit your separate property, subject to a usufruct in favor of your surviving parent(s).If You Don't Have a Spouse, but Have Children

Your children inherit your entire estate, divided equally.

If You Don't Have a Spouse or Children

• If you have living parents but no siblings, your parents inherit your estate.

• If you have siblings but no living parents, your siblings inherit your estate.

• If you have both living parents and siblings, your siblings inherit your estate, subject to a usufruct in favor of your surviving parent(s).

If No Living Relatives Can Be Found

Your property reverts to the state of Louisiana, though this is rare given how broadly the Civil Code searches for relatives first.

Other Things to Know about Dying Without a Will in Louisiana

• Louisiana's forced heirship rules protect descendants who are 23 or younger, or permanently incapacitated at any age, guaranteeing them a share called the legitime, generally 1/4 of the estate for one such heir or 1/2 shared among two or more.

• Louisiana's surviving spouse is not classified as a forced heir. Spousal protection instead comes from community property ownership and the legal usufruct.

• Heirs must formally prove their relationship to the deceased before a court will issue a judgment of possession, even in an intestate succession.

When Does an Estate Go Through Succession Court Without a Will

If you die without a testament in Louisiana, your estate may still avoid formal succession if it's valued at $200,000 or less, using a small succession affidavit. Larger estates go through the district court of the parish where you lived.

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To learn more about succession in Louisiana, check out our article.

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