What Are the Burial and Cremation Laws in Louisiana?
Louisiana allows you to name your own agent in advanceLa. R.S. 8:655; La. R.S. 37:876Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
Burial on private property is permittedLa. R.S. 8:1Verified Oct 17, 2026View source in Louisiana. Burial is lawful only in a cemetery or a building dedicated for that purpose (R.S. 8:652). A family can dedicate its own land as a family burial ground by an act of dedication filed with the parish clerk of court and the Louisiana Cemetery Board, which grants family burial grounds an exempt certificate of authority (R.S. 8:1, 8:78, 8:304). Graves leave at least two feet of soil over the casket unless a vault or lawn crypt is used (R.S. 8:902).
Louisiana imposes no statutory minimum waiting periodLa. R.S. 37:831Verified Oct 17, 2026View source before cremation. A medical examiner or coroner authorizes the cremation before it proceeds. The authorizing agent, in the priority order of R.S. 37:876, signs a cremation authorization form before the arranging funeral director, a notary or two witnesses (R.S. 37:877). The crematory also needs the burial-transit permit, and the coroner with jurisdiction in the death issues a cremation permit after an investigation (R.S. 37:877(B)(2); R.S. 13:5716).
Louisiana sets an order for who controls the disposition of remains: surviving spouse, then majority of surviving adult children, then majority of surviving adult grandchildrenLa. R.S. 8:655Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceLa. R.S. 8:655; La. R.S. 37:876Verified Oct 17, 2026View source, and that designation takes priority over the default order. Those wishes can be recorded alongside the rest of an estate plan when you create a revocable living trust.
Embalming is not required by lawLa. R.S. 8:1Verified Oct 17, 2026View source in Louisiana. A body held by a funeral establishment more than 30 hours after death is embalmed or kept refrigerated at 45 degrees Fahrenheit or below; otherwise it is buried, cremated or otherwise disposed of within 30 hours (R.S. 37:848(D)). A body leaves the state more than 24 hours after death only if embalmed or cremated (LAC 51:XXVI.103). Embalming is not required where a religious group's practices prohibit it.
In Louisiana, a licensed funeral director is required for the dispositionLa. R.S. 37:848Verified Oct 17, 2026View source. Every body is prepared and disposed of through a licensed funeral establishment under the supervision of a licensed funeral home or embalmer, so a family cannot direct a disposition on its own (R.S. 37:848(D)(5)). The funeral director prepares and files the death certificate and signs the burial-transit permit as custodian of the body (R.S. 40:49(A); LAC 51:XXVI.101).
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Learn moreForms for Planning and Settling an Estate in Louisiana
Free Louisiana forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Renunciation of Executor
In Louisiana, a person named as testamentary executor may decline to serveLa. Code Civ. Proc. art. 3083Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Louisiana, the Small Succession AffidavitLa. C.C.P. art. 3421Verified Sep 8, 2026View source covers estates valued at $200,000La. C.C.P. art. 3421Verified Sep 8, 2026View source or less, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
Estate Closing
In Louisiana, the personal representative is discharged by court orderLa. C.C.P. arts. 3391, 3392, 3396.19Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Louisiana, a will is signed before 2La. C.C. Art. 1576Verified Oct 18, 2026View source witnesses and a notaryLa. C.C. Art. 1576Verified Oct 18, 2026View source, and a self-proving affidavit signed with it lets the court admit it without witness testimonyLa. C.C. Art. 1576Verified Oct 18, 2026View source.
Healthcare Power of Attorney
Louisiana requires 2La. R.S. 40:1151.2Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredLa. R.S. 40:1151.2Verified Oct 15, 2026View source.
Financial Power of Attorney
Louisiana treats a power of attorney as durable by defaultLa. 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, and it is signed with no witness or notary requirementLa. 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.
Tools for Planning and Settling an Estate in Louisiana
Free calculators and checklists for planning or settling an estate in Louisiana: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Louisiana costs an estimated $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. Attorney fees run 1.9%La. 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 to 3%La. 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 of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Louisiana is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Louisiana, descendants divide what passes to them per stirpesLa. Civ. Code art. 888Verified Sep 10, 2026View source, and the state sets no survival period for heirs.
How Much Are Estate & Inheritance Taxes?
Louisiana levies no estate or inheritance taxNo state death tax due. Inheritance tax repealed (La. R.S. 47:2401, "Repealed by Acts 2008, No. 822, §1, eff. Jan. 1, 2010"). Estate transfer tax (La. R.S. 47:2431–2437) remains codified but is pegged to the IRC § 2011 state death tax credit, so no estate transfer tax is due for deaths after December 31, 2004Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Louisiana imposes no inheritance or estate taxNo state death tax due. Inheritance tax repealed (La. R.S. 47:2401, "Repealed by Acts 2008, No. 822, §1, eff. Jan. 1, 2010"). Estate transfer tax (La. R.S. 47:2431–2437) remains codified but is pegged to the IRC § 2011 state death tax credit, so no estate transfer tax is due for deaths after December 31, 2004Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 3 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Louisiana take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces 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.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Louisiana costs an estimated $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 and takes 3 months to 6 months for a simple estate, with attorney fees of typically 1.9%La. 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 to 3%La. 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 of the estate. Estates under $200,000La. C.C.P. art. 3421Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Louisiana pays executors reasonable compensationLa. C.C.P. art. 3351 (2.5% of inventory default; court may increase if inadequate)Verified Sep 8, 2026View source, typically 2.5%La. C.C.P. art. 3351 (2.5% of inventory default; court may increase if inadequate)Verified Sep 8, 2026View source to 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.
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Louisiana Estate Planning Resources
In-depth guides covering Louisiana probate laws, trust requirements, and estate planning strategies.