Intestacy: What Happens If You Die Without a Will in Louisiana?

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No one likes talking about Death unless they are a thrash metal band from Huntington Park, California (Slayer fans where y’all at?). It’s unfortunately a part of life and it can happen whether your legal ducks are in a row or not.

Now, of course y’all know I want your legal ducks to be in arow with a formal will and maybe even a trust (for property, your kids, special needs family members, or your pets) set up in advance. We make it easy for y’all with Louisiana traveling will services, but sometimes life gets in the way.

So, let’s break down what happens when you or a loved one dies here in Louisiana without a will.

Who gets what?
What happens to the debts?
Does your spouse actually have any say in the matter?

How Do I Figure Out Separate Property In Louisiana When They Died Without a Will?

Blended families often come to us with this question. Stepchildren are not entitled to their stepparents’ estate when they die without a will. The current spouse is entitled to some of the property.

Here is what is considered Louisiana separate property:

Property someone owned before marriage
Property listed in a prenuptial agreement
Property listed in an antenuptial agreement
Property bought with separate funds (“Oh that’s useful, Amber!” Look I’m here to give the overview!)�
Inherited property
Donated property
Damages

That sounds like a lot of property. So, what is community property?

What Is Community Property When Someone Dies Without a Will in Louisiana?

Unless they had a Louisiana prenuptial agreement, then anything purchased after the date of marriage is community property.

Community property means the married couple has 50/50ownership in anything purchased or any debt incurred after they were married. It doesn’t matter whose name is on it. It just matters when it was purchased or how it was purchased (aka with separate funds or was inherited/donated).

So, the spouse is entitled to at least their 50% share of that community property. It’s usually, you guessed it, a house.

This is where folx want to fight about things.

Who are the Heirs in a Louisiana Intestacy Proceeding?

Your heirs in Louisiana are broken into a few groups (just for illustrative purposes here, ok?):

Spouse
Descendants (kids, grandkids)
Ascendants (parents, grandparents)
Collaterals (siblings)

Remember that adopted children, whether in a Slidell step parent adoption or adult adoption, are considered children of the decedent. Folx who have been adopted are also a relative.

How Is Property Divided When You Don’t Have a Louisiana Will?

The property gets divided depending on the type of property the decedent had when they passed.

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Separate Property

Your kids in equal shares
If no kids, then the closest living relative in equal shares
Siblings; if no siblings, then
Aunts and uncles; if no aunts or uncles, then
Cousins
If no relatives, then the spouse gets everything (if married) or the State (if unmarried).

Community Property

The spouse gets to use the community property during their lifetime (this is called a usufruct. Yes, it’s another weird word)
Once the spouse dies, then the kids get the property in equal shares. If no kids, then the spouse gets the community property in full.

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*Tubbs the Dog can't help you figure out who are the heirs when your die without a will in Louisiana. But she can make people laugh when they come to our Slidell estate planning office.*

What Are Forced Heirs?

This is a whole blog in itself, but it is not typically common in intestate proceedings since the children get the separate property and community property (post usufruct).

Child under 24 years old when the person died; or
Child of any age (even over 18) who is permanently incapacitated due to mental incapacity or physical infirmity and cannot take care of themselves or administer their estate when the person died.

Forced heirs are very important when you write a will so make sure you consider this when writing yours.

What Happens If a Louisiana Person Dies With Mississippi Property?

In that case, the intestacy rules still apply. However, we have to file an ancillary proceeding called Muniment of Title in Mississippi. I’m a Louisiana and Mississippi lawyer so we can handle both!

How Can I Avoid an Intestacy Proceeding in Louisiana?

Without a properly executed will in Louisiana, you can’t. The cost of intestate proceedings in Slidell are generally more lengthy and emotionally draining for your family.

To make your life easier, Sheppard Law has traveling will services where we can come to your house or business. We also have easy to understand estate planning packets that can help you make decisions ahead of time.

Need a Slidell Probate Lawyer?

Reach out to us with our consultation form online or call or text our client relations at 985-326-1656. We are ready to send over Louisiana estate planning FAQ and packages.

We can also handle opening Slidell intestate proceedings for families when their loved one has passed. You may also know this as estate administration without a will or a succession. You can schedule your paid consultation here or reach out at 985-326-1656.

*Our woman owned Slidell law firm works across Louisiana and Mississippi for estate planning and succession clients.*

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