Louisiana Estate Tax

Louisiana Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 13, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Louisiana — exactly who inherits under Louisiana’s intestate-succession law, and what surprises families most. All shares are from Louisiana statute, verified as of June 2026.

Who Inherits When There Is No Will in Louisiana

Here is exactly how Louisiana divides an estate when there is no will:

If the person leaves… Who inherits in Louisiana
Spouse, no children COMMUNITY PROPERTY: The surviving spouse inherits the decedent’s entire half of community property in full ownership (CC Art. 889). SEPARATE PROPERTY: If there are no descendants, no parents, and no siblings (or their descendants), the surviving spouse inherits all separate property in full ownership (CC Art. 894). However, if parents or siblings survive, the separate property passes to them first — siblings inherit in full ownership (or subject to a usufruct in favor of surviving parents), and the surviving spouse receives nothing from the separate property unless no parents, siblings, or descendants of siblings exist.
Spouse + shared children COMMUNITY PROPERTY: The children inherit the decedent’s half of community property in naked ownership, but the surviving spouse receives a usufruct (right to use and enjoy) over that half until the spouse dies or remarries, whichever comes first (CC Art. 890). The surviving spouse also keeps their own half of community property outright. SEPARATE PROPERTY: The children inherit all of the decedent’s separate property in equal shares (CC Art. 888). The surviving spouse does NOT inherit any separate property when descendants survive — Louisiana law gives descendants priority over the spouse for separate property.
Spouse + children from another relationship COMMUNITY PROPERTY: Same as with shared children — descendants inherit the decedent’s half of community property in naked ownership, and the surviving spouse receives a usufruct over that half until death or remarriage (CC Art. 890). SEPARATE PROPERTY: All descendants (whether shared with the surviving spouse or from another relationship) inherit the decedent’s separate property in equal shares (CC Art. 888). The surviving spouse receives no share of separate property when any descendants survive. Note: Louisiana does not distinguish between children of the current marriage and children from prior relationships for inheritance purposes — all descendants share equally.
Children, no spouse Children (descendants) inherit the entire estate — both the decedent’s half of community property and all separate property — in equal shares per head if they are in the same degree (CC Art. 888). If a child predeceased the decedent but left descendants, those grandchildren take by representation (per stirpes) the share their parent would have received (CC Arts. 881-883).
No spouse, no children Louisiana follows this priority order: (1) If survived by parents AND siblings (or their descendants): siblings and their descendants inherit the separate property subject to a usufruct in favor of the surviving parent(s); if both parents survive, the usufruct is joint and successive (CC Art. 891). (2) If survived by siblings but no parents: siblings or their descendants inherit the separate property in full ownership (CC Art. 892). (3) If survived by parents but no siblings: parents inherit the separate property in full ownership (CC Art. 892). (4) If no parents or siblings survive: the surviving spouse inherits the separate property if not judicially separated (CC Art. 894). (5) If no spouse: other ascendants (grandparents) inherit, with the estate divided equally between paternal and maternal lines. (6) If no ascendants: other collateral relatives inherit, with the nearest in degree excluding all others. (7) If no relatives exist: the estate escheats to the state.
No living relatives (escheat) If a person dies intestate with no surviving spouse, no descendants, no parents, no siblings, no other ascendants, and no collateral relatives within the degrees recognized by Louisiana law, the estate escheats to the State of Louisiana. The assets are specifically allocated to the parish school board of the parish where the decedent was domiciled at the time of death.

These shares come from Louisiana intestate-succession law (Louisiana Civil Code Articles 888-894 (Intestate Succession), with community property rules in CC Arts. 889-890 and separate property rules in CC Arts. 891-894).

How Louisiana divides shares among descendants: Louisiana uses representation, which functions like per stirpes. Under CC Art. 881, representation is a fiction of the law that puts the representative in the place, degree, and rights of the person represented. When descendants are in the same degree, they take equally per head (CC Art. 888).

When a descendant predeceases the decedent, that descendant’s children step into their parent’s place and share the parent’s portion among themselves (per stirpes). Representation applies in favor of descendants of children and descendants of siblings, but does not apply in favor of ascendants.

Louisiana homestead and family allowance: Louisiana does not have a traditional common-law homestead exemption for intestate succession purposes. However, the surviving spouse’s usufruct over the decedent’s share of community property (CC Art. 890) often includes the family home if it was community property, effectively allowing the surviving spouse to continue living in the home until death or remarriage. Louisiana also provides a family home exemption from seizure under La. R.S.

20:1, protecting up to 160 acres (rural) or a homestead and lot (urban) with a value limit, but this is a creditor-protection provision, not an intestate succession rule. The surviving spouse may also be entitled to an interim allowance for support during the succession process.

Half-blood relatives in Louisiana: Under CC Art. 893, when property devolves to brothers and sisters, it is divided equally if they share both parents. If they are born of different unions, the property is divided equally between the paternal and maternal lines of the deceased. Full-blood siblings (sharing both parents) take in both lines. Half-blood siblings take only in their own line (the line they share with the decedent).

This means a half-sibling inherits only from the side of the family they share with the decedent, potentially receiving a smaller share than a full sibling.

Assets That Pass Outside Louisiana Intestate Rules

Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), property held in trust, and assets with transfer-on-death designations pass outside of Louisiana’s intestate succession rules and are not part of the succession estate. Louisiana does not recognize joint tenancy with right of survivorship by default for married couples — community property rules apply instead. However, joint bank accounts with survivorship clauses may pass outside succession.

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Always verify beneficiary designations are current, as they override intestate law.

Other Louisiana intestacy rules: Louisiana is the only U.S. state that follows a civil law tradition (based on French and Spanish law) rather than common law for succession. Key unique rules: (1) Louisiana uses the term “succession” instead of “probate.” (2) Louisiana distinguishes between community property (acquired during marriage) and separate property (owned before marriage, or acquired by gift or inheritance during marriage), and each type follows different intestate rules.

(3) The surviving spouse receives a usufruct (right to use and enjoy property without owning it) over the decedent’s share of community property rather than outright ownership when descendants survive — this usufruct terminates upon death or remarriage (CC Art. 890). (4) Louisiana has forced heirship rules (CC Arts.

1493-1495): children age 23 or younger, or children of any age who are permanently incapable of caring for themselves, are “forced heirs” entitled to a portion of the estate (called the “legitime”) that cannot be disinherited by will — this is 25% of the estate for one forced heir or 50% for two or more.

(5) A surviving spouse who is “judicially separated” (the Louisiana equivalent of legal separation with a court judgment) loses all intestate succession rights. (6) Louisiana allows a “small succession” procedure by affidavit (without full court proceedings) for estates valued at 125000 or less. (7) Adopted children inherit the same as biological children. (8) Louisiana does not recognize common-law marriage, so only legally married spouses have intestate succession rights.

What Dying Without a Will in Louisiana Really Means

When someone dies without a will in Louisiana, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Louisiana divides an estate when someone is dying without a will in Louisiana, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Louisiana helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Louisiana depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Louisiana, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

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Official Louisiana Sources & Resources

This Louisiana intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Louisiana Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.