What Happens If You Die Without a Will in Louisiana?

The surviving spouse's share in Louisiana depends on family structure.La. Civ. Code arts. 888-894Verified Jul 15, 2026 With no children: All community property (100%). Separate property: siblings inherit subject to parental usufruct (art. 891); if no siblings, parents take; if neither, spouse inherits (art. 894).. With shared children: Spouse can use community property for life (or until remarriage), but children own it. Separate property passes to children.. When children from a prior relationship survive: Spouse can use community property for life (or until remarriage), but children own it. Separate property passes to children..

Louisiana uses the "per stirpes" distribution method.La. Civ. Code art. 888Verified Jul 15, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per stirpes ("by roots" in Louisiana terminology)

Under Louisiana intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.La. Civ. Code arts. 888-894Verified Jul 15, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Louisiana will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Louisiana depend on estate size and complexity. Estates valued at $125,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Louisiana probate cost calculator for a detailed estimate.

Louisiana is a community property state, meaning most assets acquired during marriage are jointly owned.La. Civ. Code arts. 888-894Verified Jul 15, 2026 When one spouse dies without a will, the surviving spouse's share of community property and separate property are calculated under different rules. Community property with shared children: Spouse can use community property for life (or until remarriage), but children own it. Separate property passes to children.. Separate property follows a different distribution depending on surviving relatives.