Louisiana Inheritance: Plan an Estate or Settle One

Louisiana has not adopted the Uniform Probate Code, has not enacted the Uniform Trust CodeLa. R.S. 9:1721 et seq.Verified Oct 17, 2026View source, and has not adopted the Uniform Power of Attorney ActLa. C.C. Art. 2989-2997 (mandate), Art. 3021 (putative mandatary), Art. 3024-3027 (termination/durability/revocation), Art. 1833 (authentic act), Art. 1839 + Art. 3338 (immovable transfers; recordation), Art. 1927 (acceptance), Art. 29 (majority), Art. 3537-3541 (conflicts; Art. 3538 form); La. R.S. 9:3890 (conditional/springing procuration); La. R.S. 6:311.1 (financial institution written-notice protection)Verified Sep 18, 2026View source.

Probate of a simple estate in Louisiana runs 3 months to 6 months; an average estate takes 6 months to 12 months. The court filing fee is $300 - $400 (based on estate value)La. R.S. 13:841; La. CCP Art. 3421-3422; Acts 2026, No. 293, §1 (HB 215); Acts 2024, No. 90, §1 (SB 32)Verified Sep 8, 2026View source; attorney fees are reasonable compensationLa. C.C.P. arts. 3301, 3303 (attorney fees are an administration expense — La. Civ. Code art. 1415 — payable only on court authorization); art. 3351.1 (dual-role limit)Verified Sep 8, 2026View source; executor compensation typically runs 2.5%La. C.C.P. art. 3351 (2.5% of inventory default; court may increase if inadequate)Verified Sep 8, 2026View source of the estate. On a $500,000 estate the estimated total comes to $24,842La. C.C.P. arts. 3301, 3303 (attorney fees are an administration expense — La. Civ. Code art. 1415 — payable only on court authorization); art. 3351.1 (dual-role limit)Verified Sep 8, 2026View source. The personal representative must post a bondLa. C.C.P. arts. 3151 (administrator security, 1.25x inventory), 3153 (testator-named executor not required to furnish security), 3154-3155 (forced heirs, surviving spouse, or creditor may compel), 3396.14 (independent administrator not required to provide security)Verified Sep 8, 2026View source, which the will may waiveLa. C.C.P. arts. 3151 (administrator security, 1.25x inventory), 3153 (testator-named executor not required to furnish security), 3154-3155 (forced heirs, surviving spouse, or creditor may compel), 3396.14 (independent administrator not required to provide security)Verified Sep 8, 2026View source.

Certified death certificates come from the Louisiana Department of Health - Vital Records RegistryLouisiana Department of Health - Vital Records RegistryVerified Oct 15, 2026View source at $7Louisiana Department of Health - Vital Records RegistryVerified Oct 15, 2026View source a copy. Processing time: 8-10 weeks for mail ordersLouisiana Department of Health - Vital Records RegistryVerified Oct 15, 2026View source.

Louisiana has no elective shareLa. C.C. arts. 1493-1495 (forced heirship, descendants only); La. C.C. art. 890 (spousal usufruct); La. C.C. arts. 2432-2437 (marital portion)Verified Sep 15, 2026View source for a spouse left out of the will. Property left to a minor under the Uniform Transfers to Minors Act is released at 22 yearsLa. R.S. 9:751, 9:770 (as amended by Acts 2023, No. 60 (HB 142); Acts 2024, No. 194); La. C.C. art. 366Verified Sep 15, 2026View source of age. Louisiana taxes incomeLa. R.S. 47:32(A); La. R.S. 47:294; Acts 2024, 3rd Ex. Sess., No. 11 (HB 10)Verified Sep 20, 2026View source at a flat 3%La. R.S. 47:32(A); La. R.S. 47:294; Acts 2024, 3rd Ex. Sess., No. 11 (HB 10)Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: ordinary income tax at the state's regular ratesLa. R.S. 47:32(A) — flat 3% individual rate (Acts 2024, 3rd Ex. Sess., No. 11, §§2, 4, eff. Dec. 4, 2024)Verified Sep 15, 2026View source.