Short answer — what typically happens

When someone in Louisiana dies without a will (intestate), what happens to jointly held bank accounts and real or personal property depends on how the asset is titled, whether a survivorship interest exists, and whether funds or property are community property or separate property. Some jointly held items pass immediately to the surviving co‑owner or beneficiary (outside succession). Others become part of the decedent’s estate and are distributed under Louisiana’s intestacy rules.

Key concepts you need to understand

• Title controls transfer: How the account or property is titled (names on the account or deed and any survivorship language) determines whether ownership shifts automatically or becomes part of the deceased person’s estate.
• Payable‑on‑death (POD) / Transfer‑on‑death (TOD): Named beneficiaries on bank accounts or financial accounts generally receive the funds outside of succession when the financial institution recognizes the designation.
• Joint ownership with survivorship: If an account or deed contains clear survivorship language, the surviving co‑owner typically steps into ownership automatically.
• Indivision and succession: Absent survivorship language, Louisiana treats co‑owned property as held in indivision; the decedent’s share may pass by intestacy and may require a succession (probate) to transfer title.
• Community vs. separate property: Louisiana’s marital property system affects what passes to a surviving spouse — community assets and separate assets are treated differently under the Civil Code.

Joint bank accounts: practical outcomes

Common fact patterns and likely outcomes:

• Account titled “A and B, with right of survivorship” (or similar): Banks will generally recognize the surviving owner’s claim and pay out to them without opening a succession. That surviving owner becomes the owner of the funds.
• Account titled “A and B” but no survivorship language: The bank may freeze the account after being notified of the death. The decedent’s share can become part of the succession estate. The surviving co‑owner may need to provide a court order or follow succession procedures to determine how much of the account belongs to the estate versus the co‑owner.
• Payable‑on‑death (POD) / beneficiary designated: If the decedent named a POD/TOD beneficiary, the funds normally transfer directly to the named beneficiary outside of succession when the bank accepts the death certificate and beneficiary ID.
• Disputes over source of funds: If the estate claims that the funds in a joint account were largely the decedent’s separate property (for example, deposited before marriage or inherited), the estate may have a claim and a court may need to resolve ownership.

Banks have internal procedures and may require a certified death certificate, account records, and sometimes a succession judgment before releasing funds.

Jointly owned real estate and other property

Real estate outcome depends on how title was created:

• Deed with survivorship clause: If the deed expressly creates a right of survivorship, the survivor typically acquires full ownership immediately (outside succession). The deed may need to be updated to reflect the survivor as sole owner.
• Co‑ownership (indivision) without survivorship language: The decedent’s undivided share is part of the succession and passes by intestacy to heirs. The surviving co‑owner does not automatically get the decedent’s share; a succession proceeding or agreement among heirs is typically required to clear title.
• Marital property issues: For married owners, whether the property is community property or separate property will affect the share that passes by intestacy to the surviving spouse and descendants under Louisiana law.

What Louisiana intestacy rules mean in practice

If the decedent leaves no will, Louisiana’s succession rules determine who inherits the decedent’s estate (the decedent’s ownership interest in property that does not pass outside succession). The heirs can include the surviving spouse, children, parents, siblings, and other relatives, depending on who survives the decedent. Because Louisiana follows Civil Code succession rules, distribution can vary based on marital status and the classification of property as separate or community.

For official statutes and the Civil Code provisions on succession, consult the Louisiana Legislature’s website (search for “Civil Code – Succession / Intestate”): https://www.legis.la.gov.

Typical steps a surviving co‑owner or heir should expect

1. Notify banks and institutions of the death and request their procedures for handling joint accounts or POD designations (they will usually request a certified death certificate).
2. Check titles and account documents to identify survivorship language or named beneficiaries.
3. If an asset appears to be subject to succession, consult an attorney about opening a succession (if needed) to clear title and distribute the decedent’s share.
4. If there is disagreement among co‑owners or potential heirs, consider negotiation, mediation, or court help; unresolved disputes commonly require a succession proceeding.
5. Gather records showing the source of funds for accounts or improvements to property — these can be crucial if the estate alleges the assets were the decedent’s separate property.

Helpful hints

• Don’t assume joint title means the surviving co‑owner has an absolute right to all funds; check the account/deed language and the source of funds.
• Ask the bank in writing what documents they require to release funds; keep copies of everything you provide.
• If the property is real estate, check the deed in the parish clerk’s office to confirm the exact wording of ownership and any survivorship clauses.
• If the decedent was married, find out whether the property was classified as community or separate — this affects intestate shares.
• If you expect disputes or the estate is substantial, hire a Louisiana succession attorney early — they can often prevent frozen accounts or clouded title problems from becoming costly.
• When in doubt, request a short consult with a local attorney; many offer brief paid consultations to explain whether a succession is necessary.

Where to look for Louisiana statutes and official guidance

Louisiana’s laws on succession, property, and related matters are found in the Louisiana Civil Code and the Revised Statutes. For official texts and to search the statutes, use the Louisiana Legislature website: https://www.legis.la.gov. If you need court forms or local procedures, check the website of the parish clerk of court where the deceased lived.

When to consult a lawyer

Seek legal help if any of the following apply:

• banks freeze accounts or refuse to release funds;
• property title is unclear or a deed lacks survivorship language;
• heirs disagree about distribution or claims of separate vs. community property arise;
• you need to open a succession to clear title or sell property.

A Louisiana attorney experienced in successions can explain whether an informal transfer is possible or whether a formal succession (probate) is required, and help you follow the correct parish procedures.