What Happens to an Estate Without a Will in Louisiana? 2026

Losing a loved one is always an emotional situation. Depending on whether or not your loved one had a will, you may have to endure the succession process. You may even be named executor in the will, which an experienced estate planning lawyer can help you through. However, there may be a situation where your loved one doesn’t have a will. It’s important that you understand what happens to an estate without a will in Louisiana.

As you navigate the Louisiana intestate succession process, you should consider reaching out to a Louisiana will attorney to provide you with guidance through this stressful time. You’ll want someone by your side who understands the state’s will and estate planning laws and how they will affect your case. Our firm can guide you through every step and help you better understand how the intestate succession process works.

What Happens to an Estate Without a Will in Louisiana?

A will informs the court and your beneficiaries of your wishes, how you want your estate divided, and who you want to oversee the succession process. If you pass away without a will in place, then the succession court decides for you in accordance with the state’s heirship laws. What follows may be the exact opposite of what you wanted.

According to Gallup, only around 46% of Americans claim to have a will, with many simply admitting they haven’t gotten around to it. According to information from the Justice Department, the average household income for a family of four in Louisiana is $98,041 a year as of 2025. To many, this may be more than enough to justify a will and/or a trust.

Key Elements of Intestate Succession

It’s vital that you understand the various elements of intestate succession. This process will take place should you pass away without a will. State law will dictate the distribution of assets and collection of debts. Your wishes won’t be considered since they aren’t in writing.

The court will appoint an administrator to manage the estate, and assets will be divided based on community property or separate property. Here are the key elements:

• Community and separate property. If the spouse and children are alive, the spouse will receive half of the deceased’s community property through a usufruct, or right to use. This will be the case until they die or remarry. The children inherit all separate property, as well as the remainder of the community property. If there are no children, the separate property goes to the parents or siblings.
• Forced heirship. Under the state’s protective heirship laws, any children under 24 years old or disabled adult children may be entitled to a portion of the estate, whether there is a will or not.
• Debts. To make sure that all debts are settled with creditors, the court will appoint an administrator to handle them. They will then be responsible for distributing the remaining assets in accordance with heirship laws. This can often be far more expensive and time-consuming than it would be with a will.

Your estate does not have to go through this process if you create a valid will and estate plan ahead of time. A will changes the process of succession from intestate to testate. This gives you more room to express your wishes after your death.

It is often beneficial to create both a will and a trust. Placing assets in a trust can prevent your family from spending excessive amounts of time on your succession. However, wills are often still necessary to control other assets that cannot be placed in a trust.

FAQs

What Is the Order of Inheritance Without a Will in Louisiana?

The order of inheritance without a will in Louisiana is very specific and based on a legal hierarchy. Children are the primary heirs of the deceased’s separate property, while their spouse is the primary heir for community property. From there, the order continues to parents and siblings, grandparents, and finally, the nearest collateral relatives like aunts, uncles, and cousins. If there is no family, everything goes to the state of Louisiana.

How Much Does an Estate Have to be Worth to Go to Probate in Louisiana?

For an estate to go through probate, which is called succession in Louisiana, it has to be worth at least $125,000 or more, regardless of whether there is a will or not. Estates that are valued less than $125,000 or estates where the person passed away more than 20 years prior may qualify for a small succession affidavit. This can be used to avoid full court proceedings if specific criteria are met.

What Happens to Someone’s Money When There Is No Will?

What happens to someone’s money when there is no will usually involves intestate succession. In Louisiana, if there is no will when you die, any assets will be distributed in accordance with state law through the succession process.

Assets will likely go to close relatives, with priority given to children. Your wishes will be largely ignored since there is no will to follow. Creating a will allows you to dictate what happens to your assets.

Do I Need an Estate Planning Lawyer?

Yes, you should hire an estate planning lawyer to help you. Dealing with Louisiana’s intestate succession laws can be overwhelming, complicated, and frustrating. You will want someone in your corner who understands how they work and how they will affect your loved one’s estate.

A good lawyer can ensure nobody takes advantage of you. Some estate planning lawyers also have tax experience. This can help you plan your estate in a way that avoids tax penalties.

Why Hire a Will Lawyer?

To avoid dealing with intestate succession laws, you should hire a will lawyer to help you draft a will that’s enforceable. Otherwise, nobody will know your intentions, and the state will choose to distribute your estate in its own way.

A will lawyer like Carl S. Goode has years of experience dealing with the succession court. He knows how to draft a strong will, establish a trust, and walk you through every step.

At Goode Tax and Estate Planning Law Group, LLC, we know what kind of legal help you’ll need during this trying time. Contact us to learn about your options.