What Happens If You Die Without a Will in Louisiana?
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.
Louisiana intestacy law decides. As a community property stateLa. Civ. Code arts. 880-902Verified Sep 10, 2026View source, Louisiana distinguishes community property (acquired during the marriage) from separate property (owned before it, or received as a gift or inheritance), and the surviving spouse's share differs for each. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Siblings and their descendants; Parents; Other ascendants; Other collaterals; The state of LouisianaLa. Civ. Code arts. 880-902Verified Sep 10, 2026View source.
The surviving spouse's share in Louisiana depends on the family. With no children: Community property: the spouse succeeds to the decedent's half in full ownership, so the spouse holds all of it (art. 889). Separate property: siblings or their descendants take it — subject to a usufruct for a surviving parent when a parent also survives (art. 891), in full ownership when no parent survives (art. 892). If no siblings survive, the parents take. Only if no descendants, parents, or siblings survive does the spouse, not judicially separated, take the separate property (art. 894)La. Civ. Code arts. 880-902Verified Sep 10, 2026View source. With shared children: The spouse keeps their own half of the community property in full ownership and takes a usufruct over the decedent's half, which the descendants own; that usufruct ends when the spouse dies or remarries, whichever occurs first (art. 890). Separate property passes to the descendants (art. 888)La. Civ. Code arts. 880-902Verified Sep 10, 2026View source. When a child from a prior relationship survives: The spouse keeps their own half of the community property in full ownership and takes a usufruct over the decedent's half, which the descendants own; that usufruct ends when the spouse dies or remarries, whichever occurs first (art. 890). Separate property passes to the descendants (art. 888). A naked owner who is not a child of the surviving spouse may require the spouse to give security for the usufruct (art. 573(A)(2))La. Civ. Code arts. 880-902Verified Sep 10, 2026View source.
Louisiana divides per stirpesLa. Civ. Code art. 888Verified Sep 10, 2026View source: the estate is divided into equal branches at the children's generation, and a deceased child's share passes to that child's own descendants. Descendants in the same degree take equally by heads; where representation applies, the partition is made by roots (per stirpes).
When one spouse dies without a will in Louisiana, how each asset is classified, community or separate, decides what passes and to whom; with shared children the surviving spouse takes The spouse keeps their own half of the community property in full ownership and takes a usufruct over the decedent's half, which the descendants own; that usufruct ends when the spouse dies or remarries, whichever occurs first (art. 890). Separate property passes to the descendants (art. 888)La. Civ. Code arts. 880-902Verified Sep 10, 2026View source.
Under Louisiana intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A will or trust is how a stepchild or an unmarried partner is provided for. The Louisiana will signing requirements set out what a valid will takes.
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Inheritance
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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.
What Are the Burial and Cremation Laws in My State?
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.
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.