Detailed Answer

If your mother died in Louisiana without a will (died intestate), Louisiana succession law determines who inherits and how much. Below is a step‑by‑step explanation of what usually happens and what you will need to do to claim your share.

1. Confirm domicile and begin in the correct parish court

Successions are opened in the civil district/parish where the decedent was domiciled at death. You (or another heir) must file a petition to open the succession in that parish court so the court can supervise distribution and creditor claims.

2. Identify heirs under Louisiana intestacy rules

Louisiana’s succession rules decide who inherits when there is no will. Typical priorities: children (descendants) and the surviving spouse. Louisiana also uses community property rules and a system of forced heirship for certain children. Whether the surviving spouse or children receive the estate first — and in what shares — depends on:

• whether the decedent was married at death;
• whether property is community or separate property;
• whether any child qualifies as a “forced heir” under Louisiana law.

For the Louisiana Civil Code provisions that govern successions and intestacy, see the Succession chapter of the Louisiana Civil Code: https://legis.la.gov/Legis/Laws_Toc.aspx?folder=74

3. Forced heirship (important difference from many other states)

Louisiana recognizes forced heirship protections for certain children (commonly children under a statutory age or permanently incapacitated children). Forced heirs are entitled to a reserved portion of the estate (the “legitime”), which limits how much the decedent could freely give away while alive or in a will. If you think a forced‑heir rule may apply, raise that issue early in the succession. Consult the Civil Code provisions on forced heirship in the Successions title (see link above).

4. Gather documents and evidence of assets and liabilities

To open a succession and receive a share you will need:

• multiple certified copies of the death certificate;
• identification for heirs (IDs);
• bank statements, titles, deeds, retirement account statements, life insurance beneficiary designations, and safe‑deposit box info;
• records of any outstanding debts, mortgages, or bills.

5. Decide whether to use a notary or file in court

Louisiana permits different procedures depending on the estate’s size and complexity. Small or uncontested successions can sometimes be handled with a notarial act or a summary procedure, while larger or contested successions typically require a formal court proceeding. If heirs agree and the estate is straightforward, a notary may prepare succession documents more quickly. If disputes exist or forced heirship is at issue, you will likely need court involvement.

6. Inventory, pay creditors, then distribute

After the succession opens, the decedent’s assets are inventoried. Creditors must be notified and paid from the estate before heirs receive distributions. The executor (often called the succession representative or administrator) will pay valid debts and then distribute the remainder to heirs according to Louisiana law.

7. If you disagree with distributions or heirs, act promptly

If you believe you did not receive the share the law gives you, or someone is hiding assets, you can challenge the succession in court. Louisiana has procedural deadlines (prescriptive periods) for bringing claims—so start promptly. An attorney can explain deadlines that apply to creditor claims, claims against heirs, or challenges to the succession.

8. Practical steps to claim your share

1. Obtain certified death certificates from the funeral home or vital records.
2. Collect asset and debt information (bank accounts, real estate, vehicle titles, retirement and insurance beneficiary forms).
3. Contact other likely heirs to determine whether they will open the succession cooperatively.
4. If cooperation exists and the estate is simple, consider engaging a Louisiana notary to prepare a notarial succession or use a summary procedure.
5. If the estate is complex or contested, file a petition to open succession in the parish court where your mother was domiciled and consider hiring a succession attorney.
6. Attend court hearings or sign notarial documents to accept your share once the administrator completes creditor resolution and distribution.

For the official succession and intestacy provisions, consult the Louisiana Civil Code (Successions): https://legis.la.gov/Legis/Laws_Toc.aspx?folder=74

Helpful Hints

• Act quickly. Delays can make it harder to locate assets and may affect rights to bring claims.
• Check beneficiary designations. Life insurance and retirement plans often pass directly to named beneficiaries and do not go through succession.
• Keep careful records. Save all correspondence, account statements, and receipts related to estate expenses and creditor payments—these matter in distribution.
• Talk to other family members early. Many successions resolve faster when heirs cooperate and agree on an administrator or notary.
• Beware of community vs. separate property. Property classification affects what portion goes to the surviving spouse versus children.
• Consider a consultation with a Louisiana succession attorney when: assets include real estate, significant debts exist, forced‑heirship questions arise, or heirs disagree.
• Use certified death certificates. Institutions like banks require official certified copies to transfer or close accounts.
• Look for small succession or summary procedures if the estate is limited in value—these can save time and cost when applicable.

For official text on Louisiana successions, see: https://legis.la.gov/Legis/Laws_Toc.aspx?folder=74