What is an Intestate Succession?

In Louisiana, when a person dies without a will, it is known as an intestate succession.  Per La. Civ. Code art. 880, an intestate succession results from the absence of a valid testamentary disposition.  In this case, the property of the deceased devolves by operation of law in favor of his descendants, ascendants, and collaterals, by blood or by adoption, and in favor of his spouse not judicially separated from him.

How Property is Divided Without a Will:

If there are kids but no spouse, the property is divided equally among the children.
If there are a spouse and kids, the children inherit equal shares, subject to a spousal usufruct of the community property.

If a spouse is present but there are no kids, the community property is passed down to the spouse. The nearest surviving relatives inherit the deceased’s separate property.  Parents and siblings are examples of these.

If there are no children or spouses, the nearest surviving relatives receive the property.  Parents and siblings inherit first, then other ascendants, followed by aunts, uncles, nieces, nephews, and cousins.

If there are no surviving family members, the property may go to the State of Louisiana.

Property that is Unaffected by Intestacy:

Certain property in Louisiana does not go through intestate succession.  

A living trust‘s assets are shielded from intestate succession.  They go straight to the intended recipients.

The beneficiaries of a life insurance policy receive the proceeds.

Named beneficiaries receive money from retirement accounts, like IRAs and 401(k)s.

Bank accounts with payable-on-death (POD) designations bypass probate, passing to beneficiaries.

Co-owned properties with survivorship rights pass to the surviving co-owners.  This is known as joint tenancy.

Intestate Succession versus Testate:

An individual’s estate is deemed testate when they pass away with a valid will.  The will allows for unambiguous instructions and intentions to be followed by outlining how the deceased’s assets should be divided among beneficiaries.

An individual’s estate is categorized as intestate when they pass away without a legal will.  In this instance, intestacy laws govern the allocation of assets.

What Happens if an Heir Renounces the Succession or Dies First?

Heirs in Louisiana have the option to accept or reject an inheritance.  An heir can accept unconditionally meaning they accept everything, even debts.  An heir can accept with benefit of inventory, meaning the heirs’ obligation is capped at the assets’ worth.  Once an heir accepts, they cannot later refuse.

An heir can renounce their inheritance, in which case the property passes to the next eligible relative.  Per La. Civ. Code art. 888, representatives of a deceased heir split his or her portion.

Louisiana Intestate Succession Attorneys:

We are a Gretna law firm that has served the New Orleans area since 1980.  Our experienced succession lawyers are well versed at handling all types of successions and probate matters in Louisiana and can help your family open and close your loved one’s intestate succession.  We take pride in offering a personal and trusted experience.  Call us today for a free consultation and find out why so many of our clients come back to us.