Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your circumstances, consult a qualified attorney.
Detailed Answer
When a person dies without a valid will in Louisiana, the estate passes through intestate succession under the Louisiana Civil Code (C.C.) Articles 888 et seq. A succession court identifies heirs and distributes property according to statutory rules.
1. Opening Intestate Succession
After filing a death certificate, an interested party petitions the succession court. The court appoints an administrator, inventories assets, and notifies heirs.
2. Property Classification
Louisiana distinguishes community property (assets acquired during marriage) from separate property (owned before marriage, inheritance, gifts). Community and separate property follow different intestacy rules. See C.C. Art. 2338.
3. Order of Heirs
C.C. Art. 888 (Art. 888) sets heir priority:
- Descendants: Children (including adopted) inherit first.
- Surviving spouse: Shares with descendants or inherits alone if none (C.C. Art. 890).
- Ascendants: Parents or grandparents if no spouse or descendants exist.
- Collaterals: Siblings, nieces, nephews divide if no direct lineal heirs.
- The state: Under strict escheat only when no relatives qualify.
4. Surviving Spouse’s Share
The surviving spouse’s share depends on property type and descendants’ relationships:
- If all descendants are from the decedent and surviving spouse, the spouse inherits the entire community property and full separate property.
- If some descendants are from other relationships, the spouse inherits half of the community property and a usufruct over one-quarter of the separate property (C.C. Art. 931).
5. Administration and Possession
Once heirs are determined, the court issues a judgment of possession. The administrator pays approved debts and taxes before distributing assets. Complex estates may require additional court approvals, which can extend timelines.
Helpful Hints
- Collect marriage, birth, and death certificates early to prove heirship.
- Identify and separate community vs. separate property to prevent disputes.
- File a petition for succession promptly to avoid creditor claims.
- Prepare a family tree or heir map to streamline court filings.
- Consider consulting an estate attorney if assets exceed $100,000 or include real property in multiple parishes.