Detailed Answer
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice about your specific situation.
When someone dies without a valid will in Louisiana, they die “intestate.” Louisiana’s Civil Code governs how an intestate estate passes to heirs.
Who Inherits When There Is No Spouse
Under Louisiana Civil Code article 877 (La. Civ. Code art. 877), if a decedent leaves no surviving spouse, the entire estate passes to his or her descendants. In this case, the decedent is survived by three children and no spouse, so those three children inherit the full estate.
Equal Division Among Children
Louisiana divides the estate equally among first‐degree descendants (the children). Each of the three children receives one‐third of the net estate. If any child had predeceased the decedent, that child’s share would pass to his or her own descendants by representation under Civil Code article 879 (La. Civ. Code art. 879).
Opening and Administering the Succession
An interested party must open the succession by filing a petition in the succession court of the parish where the decedent resided (La. Civ. Code art. 1001, link). If heirs cannot agree on an administrator, the court appoints one. The administrator inventories assets, notifies creditors, pays valid claims, and then distributes the remaining estate equally to the three children.
Helpful Hints
- Verify All Descendants: Confirm no other descendants, such as grandchildren, are entitled to a share.
- Obtain Certified Death Certificates: Multiple copies are often needed by banks and other institutions.
- Prepare a Detailed Inventory: List real estate, bank accounts, investments, and personal property.
- Meet Creditor Deadlines: Creditors generally have four months from the date of the first publication of notice to file claims.
- Consider Professional Guidance: Estates with real property, business interests, or tax complexities benefit from legal or accounting assistance.