Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When someone dies without a valid will, Louisiana law determines who inherits the estate. This process is called intestate succession. Under Louisiana Civil Code, Title III, articles 876–1034, you follow a strict order to identify heirs. See La. Civ. Code arts. 876–1034 at legis.la.gov.
1. Identify the Surviving Spouse
First, determine if the decedent left a surviving spouse. In Louisiana, a surviving spouse generally inherits a portion of the estate along with children or other heirs. See La. Civ. Code art. 890.
2. Determine Descendants (Children and Their Issue)
Louisiana law favors direct descendants. Children inherit in equal shares. If a child predeceased the decedent but left children (grandchildren of the decedent), those grandchildren inherit by representation. See La. Civ. Code art. 892.
3. Check for Parents and Siblings
If the decedent left no surviving spouse or descendants, the estate goes to parents equally. If a parent predeceased, the decedent’s siblings (and their descendants) inherit. See La. Civ. Code art. 893.
4. Look for More Remote Collaterals
If no spouse, descendants, parents, or siblings exist, more distant relatives inherit. This group includes grandparents, aunts and uncles, and their descendants. Louisiana law limits inheritance to collaterals within the fifth degree. See La. Civ. Code art. 895.
5. The Surviving Spouse’s Share
In certain cases, the surviving spouse receives the entire estate, such as when there are no descendants or other heirs. If heirs exist, the spouse’s share varies based on community property laws and the class of other heirs. See La. Civ. Code art. 890–892.
6. Practical Steps to Identify Heirs
- Obtain the death certificate and check marital status.
- Review family records for births, adoptions, and marriages.
- Contact close relatives to confirm survivors and predeceased family members.
- Hire a genealogist or attorney if the family tree is complex.
- File a petition for intestate succession in the appropriate parish court.
Helpful Hints
- Gather certified copies of birth, marriage, and death certificates early.
- Verify any adoptions or stepfamily relationships that may affect inheritance.
- Check community property vs. separate property to assess the spouse’s share.
- Use an estate planning worksheet to map out potential heirs and relationships.
- Consult court dockets online to see if someone already opened an intestate succession proceeding.