Successions
If you're looking for help with a succession, this is likely a very hard time for your family. We are sorry for your loss. Now you'll need to navigate their succession — the legal process in Louisiana for distributing their property to heirs, sometimes called “legatees.” If your loved one died with a will, this is a “testate” succession. Otherwise, it's “intestate,” and often more complex to navigate.
Regardless of which applies — and whether everyone in your family agrees or not — every family needs to file succession documents to settle their loved one's estate.
How It Works
Louisiana's succession laws are different from most other states, since Louisiana follows civil law rather than English common law. A few terms worth understanding:
Forced heirship — Broadly speaking (there are exceptions and conditions), Louisiana requires that certain heirs (typically children under 23 years old, or children with a disability) receive a portion of an estate, regardless of what a will says. This protects those heirs even if a will attempts to leave them out.
Usufruct — Often, a surviving spouse is given the right to use and benefit from the deceased's property for the rest of their life, even though the property itself ultimately belongs to the heirs (usually the children). When the surviving spouse later passes, or remarries, full ownership passes to those heirs.
Community property — Property acquired during a marriage in Louisiana is generally considered jointly owned by both spouses. Everyone has community property in Louisiana, unless you've opted (in writing) for a "separate property regime."
Not every succession requires a lengthy court process. Smaller, simpler estates may qualify for a faster, less formal path. Every family's situation is different, and the fastest way to know which path applies to yours is to talk it through with us directly.
When to Call
- Your loved one recently passed away
- You have questions about navigating the court process for a succession
Schedule a conversation