When someone dies without a will in Louisiana, the state—not the family—decides who inherits.
That’s what “intestate” means.
And because Louisiana has unique laws around community property, forced heirship, and usufruct, the outcome is often not what families expect.
We regularly see families surprised by:
- who actually inherits
- who controls the estate
- and how complicated things can become without a plan in place
What Does Intestate Mean in Louisiana?
An intestate succession occurs when someone passes away without a valid Last Will and Testament.
Instead of following your wishes, Louisiana law determines:
- who inherits
- how assets are divided
- and who is placed in charge of handling the estate
Who Inherits If There Is No Will?
This is one of the most common questions—and one of the most misunderstood.
In Louisiana, inheritance depends on:
- whether you were married
- whether you have children
- and whether the property is community or separate
In many cases:
- children inherit ownership
- while a surviving spouse may receive a usufruct (a right to use the property)
This structure can work—but it can also create confusion and conflict if expectations aren’t aligned.
What Happens During the Probate Process?
Even without a will, the estate still goes through succession (probate).
The key difference is that:
- the court appoints an administrator instead of an executor
- Louisiana law determines how assets are distributed
This often means:
- less flexibility
- more court involvement
- and more room for disagreement among family members
Who Becomes the Administrator?
Louisiana law sets a priority order for who can serve as administrator.
This usually starts with:
- the surviving spouse
- then children
- then other family members
If there is disagreement, the court may need to step in and decide.
What Does the Intestate Succession Process Look Like?
While every case is different, most intestate successions follow a similar path:
- An administrator is appointed
- Heirs are identified under Louisiana law
- Assets are gathered and valued
- Debts and obligations are handled
- Property is distributed according to the Civil Code
Throughout the process, the court maintains oversight.
Why Dying Without a Will Causes Problems
This is where most families feel the impact.
Without a will, we often see:
- conflict between spouse and children
- delays in opening or completing the succession
- higher legal costs and court involvement
- confusion about who has authority
- difficulty selling or refinancing property
- disputes involving usufruct and ownership rights
These issues are not uncommon—they’re exactly what Louisiana’s default rules can create.
How to Avoid Intestate Succession
The good news is that this is preventable.
A properly structured estate plan—whether through a will or a trust—allows you to:
- decide who inherits
- choose who is in charge
- and simplify things for your family
Start here: Estate Planning Attorney in Metairie
Start With the Right Guidance
If you’re currently dealing with an intestate succession, or want to make sure your family doesn’t face these challenges in the future, we can help.
At Morrison Law Group, PLC, we guide families through Louisiana successions and help them create plans that avoid unnecessary complications.
📍 Offices in Metairie and Covington
📞 Call (504) 831-2348 to schedule a consultation
