Many people we encounter assume that without a will, the state will simply sort things out. In a sense, Louisiana law does provide default rules for who inherits when there’s no valid will, a situation called dying intestate.
However, these rules don’t account for your relationships or your wishes, and the family left behind still has work to do. Not having a will doesn’t mean you have no estate plan, since Louisiana’s default rules will step in, but the result may look very different from what you’d choose.
What intestate succession means
Intestate succession is the set of rules in the Louisiana Civil Code that decides who inherits a person’s property when there’s no valid will. These rules look at which family members survive, such as a spouse, children, parents, or siblings, and at how the property was owned.
We’ve explained the inheritance order in more detail in our earlier post on dying without a will in Louisiana.
How family relationships and property affect who inherits
Louisiana is a community property state, so whether an asset is community or separate property can change who receives it. For example, when a married person dies without a will and leaves children, the children generally inherit the deceased spouse’s share of community property.
The surviving spouse often receives a right called usufruct, which generally allows them to use that share until death or remarriage. Many surviving spouses are surprised to learn they don’t automatically inherit everything.
Some family situations make it especially important to have a will. Unmarried partners generally don’t inherit from each other under Louisiana’s default rules, and stepchildren who haven’t been adopted typically don’t inherit from a stepparent either. In blended families, children from a prior relationship and a current spouse may end up sharing ownership of the same home.
Business owners face another layer of questions, since an ownership interest may pass to heirs who aren’t prepared to help run the company. Parents of minor children may also want to name a guardian themselves rather than leave that question to a court.
Does my family avoid court if I die without a will?
In most cases, the answer is no. Whether or not there’s a will, property in a person’s name typically has to be transferred through a legal process called succession before heirs can take ownership. Without a will, that process can involve extra steps, such as identifying every legal heir and confirming how each asset was owned. Some smaller estates may qualify for a simplified process, but the family still needs to address it.
If you don’t have a will, or if yours was signed many years ago, it’s a good idea to review your situation with a Louisiana estate planning attorney. Carl Goode has practiced law for more than 50 years, and he and Kim work directly with clients to explain each step in plain language.
Learn more about Louisiana wills and schedule your free initial phone consultation at our wills page.
