If a Louisiana property owner dies without a will (intestate) and a sale of the decedent’s property produces surplus proceeds after paying liens and sale costs, those surplus funds become part of the decedent’s succession. Who receives them depends on who the legal heirs are under Louisiana succession law. Siblings only inherit if there is no surviving spouse, no descendants (children, grandchildren, etc.), and no surviving parents. If siblings do inherit, they normally share the surplus according to Louisiana rules for intestate succession.

How this works — key steps and legal principles (Louisiana)

Below is a practical, step-by-step explanation using typical facts so you can understand what usually happens:

1. Surplus proceeds become succession property.

   When a property is sold (for example, at a forced sale or sheriff’s sale) and the sale yields money left over after paying mortgages, liens, taxes, and sale expenses, that leftover money is held as surplus. If the owner is deceased, that surplus belongs to the deceased person’s succession (estate) and must be distributed to heirs under Louisiana succession rules.

2. Identify the legal heirs under Louisiana intestacy rules.

   Louisiana law sets a priority for who inherits when someone dies without a will: first descendants (children and their descendants) and the surviving spouse (with special rules about community/separate property and usufruct), then parents, then brothers and sisters, etc. Siblings only inherit if there is no surviving spouse, no descendants, and no surviving parents. If siblings inherit, they divide the estate according to the applicable Civil Code rules.

3. Someone must open the succession or claim the surplus.

   If a formal succession is opened (a probate-like process in Louisiana), the succession representative (administrator or executor, if one is appointed) collects estate assets, pays valid debts, and distributes the remainder to heirs. If the surplus is still being held by the sheriff or another official because the decedent never had a succession opened, an heir or interested person must take steps to claim it — typically by opening the succession or filing a claim in the court that handled the sale.

4. Heirs are paid according to share rules and any marital/other claims.

   If siblings inherit, they generally divide whatever belongs to the succession after debts and lawful costs. If there is a surviving spouse or other preferred heirs, siblings may receive nothing or a smaller portion. Issues such as community property, separate property, and usufruct (surviving spouse’s right to use property or income in some cases) can change how much is available to distribute.

5. Disputes and claims.

   If siblings or other potential heirs dispute identity of heirs, amounts, or distribution, anyone with an interest may ask a Louisiana court to resolve the dispute. The court can order an accounting, require claims to be proved, and issue a judgment directing payment.

For the statutory framework on successions in Louisiana, see the Louisiana Civil Code provisions on successions available from the Louisiana Legislature: https://legis.la.gov/. If the surplus is being held after a forced sale, the court or sheriff’s sale/order that produced the surplus will control the procedure for claiming funds; that process is handled in the court that conducted the sale.

Frequently asked practical questions

Q: I am a brother/sister — do I automatically get an equal share of the surplus?

Not automatically. Siblings inherit only if there are no surviving spouse, descendants, or parents entitled under Louisiana law. If the siblings are the heirs, they generally share per the succession rules. Whether they receive equal shares can depend on whether heirs come from different branches (for example, full siblings vs. half siblings or siblings by representation). If heirs are uncertain or relationships are mixed (half-siblings, adopted children, etc.), a court can determine shares.

Q: What paperwork will I need to get surplus proceeds?

Typical documents include a certified death certificate, proof you are an heir (birth certificates, family records), any marriage record for the decedent (if spouse issues might arise), and the court documents admitting the succession or a judgment directing distribution. If the sale was conducted by the sheriff or through a court, you may need to file a petition in that court asking release of the funds to the succession representative or heirs.

Q: How long will this take?

It depends. If heirs are known and agree, opening a simple intestate succession and getting paperwork to claim funds can take weeks to months. If heirs dispute entitlement or identity, or if the estate is complex (debts, taxes, community/separate property issues), it can take much longer. Time limits (prescription periods) can apply to some claims; do not delay consulting counsel if you think funds are at risk.

Helpful hints

• Gather basic documents first: the decedent’s death certificate, title deeds, mortgage and lien records, marriage and birth certificates for family relationship proof.
• Search public records (parish clerk or sheriff sale records) to find if a sale generated surplus and which court or official holds the funds.
• If no succession has been opened, consider filing for intestate succession in the parish court where the decedent lived — this creates an official representative to collect and distribute assets.
• Talk to all potential heirs early to try to agree on distribution. Agreement can speed the process and reduce costs.
• Keep careful records of communications and any receipts or distributions related to the sale and surplus funds.
• Because Louisiana has unique community property and usufruct rules, ask a Louisiana succession attorney to explain how a surviving spouse’s rights may affect the funds.
• If the other side claims a right to the funds, don’t sign away your claim without getting independent legal advice.