Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Louisiana attorney to discuss your situation.
Detailed Answer
Intestate succession applies when a person dies without a will. In Louisiana, statutes govern how the decedent’s estate passes to heirs. Under La. R.S. 9:100 (Order of Succession) and C.C. art. 892, if no surviving spouse exists, the estate devolves to the decedent’s descendants. Civil Code art. 913 provides that when one class of heirs exists—in this case, two children—they inherit equally.
Here, with no spouse and two children, each child receives one-half of the decedent’s estate. This share includes the decedent’s separate property and the decedent’s one-half interest in community property. For example, if the decedent owned $200,000 in separate assets and a $100,000 half-share in community property, the total estate value is $300,000. Each child would inherit $150,000.
Administering an intestate estate requires opening a succession proceeding in the appropriate district court. The administrator or curator collects assets, pays debts and costs, and distributes the remainder according to statute. See La. R.S. 9:101 (Administration of Succession).
Helpful Hints
- Understand community vs. separate property: Only the decedent’s half of community property passes by succession.
- Consider drafting a will to control distribution and avoid default statutes.
- Verify legal parentage early to secure inheritance rights.
- Consult a Louisiana attorney to navigate court filings and deadlines.
- Keep accurate records of debts, assets and beneficiaries.