No one likes to think about what happens after they’re gone, but having a plan in place can make a world of difference for your loved ones. If you pass away without a Last Will and Testament in Louisiana, the state—not you—decides how your assets are distributed. This can lead to unexpected outcomes, family disputes, and a complicated legal process for those you leave behind.
To help you understand what happens when someone dies without a Will in Louisiana, we’ll break down the state’s intestacy laws, explain how assets are distributed, and highlight why having an estate plan is essential to protecting your legacy.
Understanding Intestate Succession in Louisiana
In Louisiana, when an individual passes away without leaving a Will, the state’s laws dictate how their property is allocated, a process known as intestate succession. However, these distributions will depend on several critical factors, including:
- The presence of a living spouse
- The marital status of the deceased—whether they were married, divorced, or separated
- The existence of children or other descendants
Who Inherits Under Louisiana’s Intestacy Laws?
To help clarify how Louisiana’s intestate succession laws function in different familial circumstances, consider the following scenarios:
If You Have Children (But No Spouse)
In this scenario, all children of the deceased are entitled to inherit the property equally, regardless of whether they are biological or legally adopted. Each child’s share is determined by dividing the total property value by the number of children, ensuring fairness in the distribution.
If You Have Both a Spouse and Children
The surviving spouse is granted a usufruct over the community property, meaning they have the right to use and enjoy the property during their lifetime. This arrangement continues until the spouse either passes away or remarries. Meanwhile, the children inherit the property outright, receiving their shares upon the death of the spouse or the termination of the usufruct.
If You Have a Spouse (But No Children)
The surviving spouse inherits all community property, including assets acquired during the marriage. Additionally, the deceased’s separate property—assets owned solely by the deceased before the marriage or received as a gift—passes to the closest living relatives. This typically includes the deceased’s parents. If they are no longer alive, the inheritance passes to the deceased’s siblings.
If You Have No Spouse or Children
When the deceased leaves no spouse or children, the estate is distributed to the nearest living relatives, starting with parents and siblings. If neither parents nor siblings are available, the inheritance extends to more distant relatives such as aunts, uncles, nieces, nephews, and cousins. This distribution follows a specific order to ensure property is passed to those most closely related to the deceased.
If You Have No Living Relatives
If no surviving relatives can inherit the estate, the property is subject to escheat. This legal process allows the property to revert to the State of Louisiana, which can use the assets for public purposes. The state effectively becomes the last resort for inheritance when no eligible heirs can be identified.
It is important to note that these rules and distribution percentages can vary based on individual circumstances. That’s why understanding Louisiana’s intestate laws is key to knowing how your property will be divided.
Start Your Estate Plan Today, Contact Losavio & DeJean
Dying without a Will in Louisiana can leave your loved ones facing a complicated legal process, potential disputes, and unintended asset distribution. Without clear instructions, the state decides who inherits your estate—possibly in ways you would not have chosen. Fortunately, it does not have to be this way. You can take control of your legacy with a properly crafted estate plan.
To learn more about these plans, contact Losavio & DeJean today to schedule a consultation and start planning for peace of mind.