Who Inherits When There’s No Will? Understanding Louisiana Intestacy Laws

Many people assume that if they pass away without a will, their property will automatically go to their spouse or children. However, Louisiana’s intestacy laws (the laws that apply when someone dies without a will) can lead to unexpected results. If you own property or have loved ones who depend on you, understanding these laws is crucial.

How Louisiana’s Intestacy Laws Work

When someone dies without a Last Will and Testament, their assets—including real estate, bank accounts, and personal property—are distributed according to Louisiana’s strict order of heirs. The state prioritizes certain relatives over others, and who inherits depends on the type of property and which family members survive the deceased.

Who Inherits Under Louisiana Intestacy Laws?

1. If You Have Children (But No Spouse)

✅ Your children inherit everything.

🔹 If you have multiple children, they share the estate equally.

2. If You Have a Spouse and Children

✅ Your children inherit your separate property (anything you owned before marriage or inherited during marriage).

✅ Your spouse gets a lifetime usufruct (the right to use the property) over your half of community property. Once the surviving spouse dies or remarries, the property fully belongs to the children.

3. If You Have a Spouse But No Children

✅ Your spouse inherits your share of community property.

✅ Your separate property goes to your parents and siblings. If your parents are deceased, your siblings (or their descendants) inherit.

4. If You Have No Spouse or Children

✅ Your parents inherit your separate property if they are still alive.

✅ If your parents are deceased, your siblings (or their children) inherit.

✅ If you have no siblings, your estate goes to more distant relatives, such as aunts, uncles, or cousins.

5. If You Have No Living Family

✅ If no heirs can be found, your estate "escheats" to the State of Louisiana. This means the government takes ownership of your assets.

Why You Should Have a Will

Louisiana’s intestacy laws may not reflect your wishes. Without a will:

🚨 Your spouse may not inherit everything as many assume.

🚨 Your property may be divided among multiple heirs, causing conflicts.

🚨 The court will appoint a representative to handle your estate, which may not be someone you would have chosen.

A Last Will and Testament allows you to decide who inherits, how much, and when—giving you control over your legacy.

Don’t leave your family’s future up to the courts. Contact my office today to create a will that protects your loved ones and ensures your wishes are followed.