Intestate Succession in Louisiana

If you die without a will in Louisiana, your assets will go to your closest relatives under state "intestate succession" laws. Here are some details about how intestate succession works in Louisiana.

Which Assets Pass by Intestate Succession

Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:

• property you've transferred to a living trust
• life insurance proceeds with a named beneficiary
• funds in an IRA, 401(k), or other retirement account with a named beneficiary
• securities held in a transfer-on-death account
• real estate for which you have a transfer on death deed
• vehicles for which you have a transfer on death registration
• payable-on-death bank accounts, or
• property you own with someone else in joint tenancy or tenancy by the entirety.

These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.

To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com.

Who Gets What in Louisiana?

Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:

The Spouse's Share in Louisiana

In Louisiana, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property -- as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.

If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?

If you die without parents, siblings, or descendants -- that is, children, grandchildren, or great grandchildren -- your spouse will inherit all of your property. If you do have descendants, your spouse will share your property with them according to the rules set out in the chart above. Likewise, if you die with parents or siblings, they will split your intestate property with your spouse.

There is a special rule for real estate in Louisiana. If an ancestor gave you a gift of real estate, and you die without children, the real estate will pass back to the ancestor when you die.

If you and your spouse are legally separated -- but not yet divorced -- when you die without a will, your spouse will not be entitled to your property.

If you're concerned about this area of the law, see an experienced attorney for help.

Children's Shares in Louisiana

If you die without a will in Louisiana, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have and whether or not you are married. (See the table above.)

For children to inherit from you under the laws of intestacy, the state of Louisiana must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.

• Adopted children. Children you legally adopted will receive an intestate share, just as your biological children do. Louisiana Civ. Code, Article 880.
• Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share.
• Children placed for adoption. In Louisiana, children you placed for adoption and who were legally adopted by another family are entitled to an intestate share of your estate. Louisiana Children's Code, Article 1218.
• Posthumous children. Children conceived by you but not born before your death will receive a share. Louisiana Civ. Code, Article 940.
• Children born outside of marriage. If you were not married to your children's mother when she gave birth to them, they will receive a share if (1) you have acknowledged your paternity, or (2) your paternity has been proven in court. Louisiana Civ. Code, Article 196.
• Children born during your marriage. Any child born to your wife during your marriage is assumed to be your child and will receive a share of your estate. Louisiana Civ. Code, Article 185.
• Grandchildren. A grandchild will receive a share only if that grandchild's parent (your son or daughter) is not alive to receive his or her share. Louisiana Civ. Code, Article 881.

This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.

Will the State Get Your Property?

If you die without a will and don't have any family, your property will "escheat" into the state's coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.

Other Louisiana Intestate Succession Rules

Here are a few other things to know about Louisiana intestacy laws.

• Half-siblings. Unlike most states, in Louisiana, half-siblings do not inherit the same share as full-blood siblings. Half-siblings are only entitled to inherit from their blood line. For example, if Betty and Carlos died, leaving three children, Dylan, Sarah and Frank, and Dylan had a different mother, Dylan would only inherit from Carlos and not Betty. This would make Sarah's and Frank's shares larger than Dylan's share because they inherit from both lines. Additionally, if there are siblings on only one side, they inherit everything to the exclusion of other relatives in the other line. Louisiana Civ. Code., Article 893.
• Posthumous relatives. Relatives conceived before -- but born after -- you die inherit as if they had been born while you were alive.
• Immigration status. Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States.
• Intentional killing. If your relative is convicted of a crime involving your intentional killing, attempted killing or unjustified killing, he or she will not have the right to inherit from you. Louisiana Civ. Code., Article 941.

Learn More

To learn more about intestate succession, read How an Estate Is Settled If There's No Will.

You can find Louisiana's intestate succession laws in Articles 880 to 899 of the Louisiana Civil Code. To read the code, go to the website of the Louisiana State Legislature. Select "Civil Code" from the dropdown menu and enter "880" in the "Article" box. You will be able to browse the law from there.

For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.

Need a lawyer? Search for an experienced estate planning attorney with Nolo's Lawyer Directory.