Detailed Answer — How Louisiana law divides an intestate estate among children

Short answer: In Louisiana, when a person dies without a will, the decedent’s children and their descendants are the primary heirs. The estate is divided equally among the decedent’s children who survive the decedent. If a child predeceased the decedent, that child’s own descendants (grandchildren) step into the deceased child’s place and receive that child’s share by representation (commonly called “per stirpes” distribution).

How the rule works (step‑by‑step)

1. Identify the decedent’s descendants: List all surviving children. Also list any predeceased children and whether those children left descendants (grandchildren of the decedent).
2. Determine which generation takes: The estate passes to descendants of the decedent (children and further descendants). The first generation of descendants (the decedent’s children) generally receive the estate divided in equal shares.
3. Apply representation if a child died before the decedent: If a child predeceased the decedent but left children, those grandchildren inherit the predeceased child’s share in equal parts among themselves. This is the right of representation (per stirpes).
4. Divide the shares: Surviving children split the estate equally. If a share belongs to a predeceased child, that share is divided equally among that child’s descendants.

Two short examples

Example A — Three surviving children: If the decedent is survived by three children (A, B, and C) and no other descendants, each child receives 1/3 of the intestate estate.

Example B — One child predeceased with children: If the decedent had three children (A, B, C), but B predeceased leaving two children (B1 and B2), then A and C each receive 1/3, and B’s 1/3 share is split between B1 and B2 (each receiving 1/6).

Special Louisiana rules to know (forced heirs, community property, and surviving spouse)

Forced heirship (reserve portion): Louisiana’s civil‑law system includes forced heirship rules protecting certain children (called “forced heirs”). Under current law, some children—typically those under a certain age (historically under 24) or permanently disabled—may be entitled to a portion of the estate’s legitime (reserved portion). That reserved portion can limit how freely someone could dispose of property by will, and it can affect distribution if the decedent attempted to disinherit or make testamentary gifts. Because the forced heir rules and the age/condition qualifiers can be complex, you should check the Civil Code provisions that govern legitime and forced heirs on the Louisiana Legislature website: https://www.legis.la.gov/ and consult an attorney for application to your facts.

Surviving spouse rights: The surviving spouse may have community property rights, usufruct rights, or a share of the estate depending on whether the decedent’s estate contains community or separate property and whether there are other heirs. For example, the surviving spouse sometimes receives usufruct over the decedent’s portion of the community or a portion of the estate in full ownership, depending on the situation. Those rules interact with how children receive their shares.

Because forced heirship, community/ separate property classification, and surviving spouse rights change the practical shares heirs receive, total distribution among children may not simply be a mechanical equal split of everything in every case.

What happens when there are no descendants?

If the decedent leaves no descendants, intestate succession passes to other classes of heirs in an order set by law (parents, siblings, more remote relatives, or the state if no heirs exist). That sequence is governed by Louisiana succession statutes and is outside the narrow scope of this child‑focused FAQ—consult the Civil Code or an attorney if you have no descendants.

Where to read the law

Louisiana’s succession rules are in the Louisiana Civil Code. For the definitive statutory language and related articles (including representation, legitime/forced heirs, and surviving spouse rights), see the Louisiana Legislature’s official website: https://www.legis.la.gov/ and search the Civil Code sections on successions and legitime. For practical application to a particular estate, consider asking an attorney to point to the exact Civil Code articles that apply to your situation.

Helpful Hints

• Start by making a clear family tree showing the decedent, surviving children, predeceased children, and grandchildren. That diagram makes representation calculations easy.
• Gather key documents early: death certificate, marriage certificate(s), birth certificates for children and grandchildren, any separation agreements, and property/tax records showing community vs. separate property.
• Check whether any children are “forced heirs” (for example, minors or permanently incapacitated persons). Forced‑heir rules can change how much you may distribute by will and affect intestate division.
• Determine whether property is community or separate. Community property rules with a surviving spouse materially alter shares that children receive.
• If a child died without descendants before the decedent, that child’s share is usually omitted rather than passing to the decedent’s other children (unless representation applies); confirm with counsel.
• When in doubt, get a probate/estate attorney in Louisiana. Small estates may qualify for simplified procedures, but mistakes in heir identification or asset classification can be costly.
• Keep good records of distributions and get receipts from heirs when the estate is closed to avoid future disputes.

Disclaimer: This article explains general principles under Louisiana succession law for educational purposes only. It is not legal advice, does not create an attorney‑client relationship, and should not be relied on as a substitute for advice from a licensed Louisiana attorney who can apply the law to your exact facts.