Disclaimer: This article provides general information on Louisiana intestacy law. It is not legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
1. Classifying Immovable versus Movable Property
Under Louisiana Civil Code Article 467, property falls into two categories:
- Immovable property (real property): Land, buildings, fixtures, and rights attached to land. (C.C. art. 467)
- Movable property (personal assets): Items not fixed to land, such as vehicles, jewelry, bank accounts, and household goods.
2. Identifying and Locating Assets
The succession representative (often a court-appointed administrator when there is no will) must locate all of the decedent’s assets. Typical steps include:
- Reviewing deeds, titles, and bank statements.
- Checking life insurance policies, retirement accounts, and investment portfolios.
- Inspecting the decedent’s home, safe deposit box, and records for bills, receipts, or appraisals.
3. Court Inventory and Appraisal
Within sixty days of appointment, the succession representative must file a sworn inventory and appraisal of all assets with the clerk of court. This process is governed by Louisiana Revised Statutes § 9:3861 et seq. (R.S. 9:3861) and ensures creditors and heirs see a full listing of estate property.
4. Determining Heirs under Intestate Succession
When there is no valid will, Louisiana Civil Code Chapter 3 sets the order of heirs:
- Surviving spouse: Receives a defined portion, which varies based on whether descendants or parents survive.
- Children and descendants: Share in the remainder after the spouse’s portion. (C.C. arts. 888–901)
- Parents, siblings, and more remote relatives: In absence of spouse or descendants, parents inherit, and if none, siblings and their descendants.
5. Distribution of Assets
Once the court approves the inventory and settles debts and expenses, the succession representative distributes assets according to statutory shares:
- Immovable property: Transferred by authentic act or court order to the heirs named by law. Heirs may divide it in kind or sell and split the proceeds.
- Movable property: Delivered directly to heirs in proportion to their shares. If specific items cannot be divided, sale proceeds are shared.
Helpful Hints
- Start gathering title documents and account statements early to speed up the inventory process.
- Use professional appraisals for high-value real estate or collectibles to ensure accuracy.
- Keep clear records of funeral and administration expenses—these reduce the estate before distribution.
- Discuss potential division of family land or heir’s property with all heirs to avoid disputes.
- Consider mediation if heirs cannot agree on in-kind division or sale of property.