Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney in Louisiana for advice on your specific situation.
Detailed Answer
When a person dies without a last will and testament, Louisiana law treats them as intestate. The Louisiana Civil Code outlines how an intestate estate distributes property among heirs. A surviving spouse often has the option to choose between receiving a portion of the estate in full ownership or obtaining a lifetime usufruct (life estate) over all or part of the estate.
Under Louisiana Civil Code Article 889, if the decedent is survived by descendants in common with the surviving spouse, the spouse automatically receives a usufruct over the entire estate. You can read Article 889 here: La. Civ. Code art. 889.
When the decedent leaves descendants not in common with the spouse (for example, children from a prior relationship), Louisiana Civil Code Article 890 provides that the surviving spouse may elect to take a usufruct over one-half of the estate, with the other half passing in bare ownership to those descendants. See Article 890: La. Civ. Code art. 890.
In cases where the decedent leaves no descendants but is survived by ascendants (parents or grandparents), Article 893 grants the spouse a full ownership share equal to one-half of the estate. The spouse cannot take a usufruct in that scenario but instead receives that outright share. Read Article 893: La. Civ. Code art. 893.
To elect a usufruct (life estate) instead of taking your intestate full ownership share, you must formally make this election in the succession proceedings. You file a sworn declaration of your election with the succession court within the time allowed for accepting or renouncing the inheritance under Louisiana law.
Helpful Hints
- Review Louisiana Civil Code Articles 889–893 for detailed rules on a surviving spouse’s inheritance rights.
- File your election within the statutory delays for accepting or renouncing an inheritance.
- Keep accurate records of all filings in the succession to avoid missing deadlines.
- Understand that bare owners hold title subject to the usufruct and may need the usufructuary’s agreement for major transactions.
- Consult a Louisiana attorney to guide you through the succession process and protect your rights.