Louisiana's Intestacy Laws

If you die without a valid will while residing in the State of Louisiana, you are said to have died "intestate."  In order to determine who will receive your property if you die intestate, the State of Louisiana has established a number of laws (known as "intestacy laws" or "laws of intestate succession.") The primary statutes comprising these intestacy laws, or laws of intestate succession, are set forth below. For a more complete list, see Louisiana Intestacy Laws | Intestate Succession statutes.

Intestate succession

In the absence of valid testamentary disposition, the undisposed 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, in the order provided in and according to the following articles.

Civil Code, Art. 880

Representation: effect

Representation is a fiction of the law, the effect of which is to put the representative in the place, degree, and rights of the person represented.

Civil Code, Art. 881

Representation in direct line of descendants

Representation takes place ad infinitum in the direct line of descendants.  It is permitted in all cases, whether the children of the deceased concur with the descendants of the predeceased child, or whether, all the children having died before him, the descendants of the children be in equal or unequal degrees of relationship to the deceased.  For purposes of forced heirship, representation takes place only as provided in Article 1493.

Civil Code, Art. 882

Representation of ascendants not permissible

Representation does not take place in favor of the ascendants, the nearest relation in any degree always excluding those of a more remote degree.

Civil Code, Art. 883

Representation in collateral line

In the collateral line, representation is permitted in favor of the children and descendants of the brothers and sisters of the deceased, whether they succeed in concurrence with their uncles and aunts, or whether, the brothers and sisters of the deceased having died, their descendants succeed in equal or unequal degrees.

Civil Code, Art. 884

Basis of partition in cases of representation

In all cases in which representation is permitted, the partition is made by roots; if one root has produced several branches, the subdivision is also made by roots in each branch, and the members of the same branch take by heads.

Civil Code, Art. 885

Representation of deceased persons only

Only deceased persons may be represented

Civil Code, Art. 886

Representation of decedent whose succession was renounced

One who has renounced his right to succeed to another may still enjoy the right of representation with respect to that other.

Civil Code, Art. 887

Succession rights of descendants

Descendants succeed to the property of their ascendants.  They take in equal portions and by heads if they are in the same degree.  They take by roots if all or some of them succeed by representation.

Civil Code, Art. 888

Devolution of community property

If the deceased leaves no descendants, his surviving spouse succeeds to his share of the community property.

Civil Code, Art. 889

Usufruct of surviving spouse

If the deceased spouse is survived by descendants, the surviving spouse shall have a usufruct over the decedent's share of the community property to the extent that the decedent has not disposed of it by testament.  This usufruct terminates when the surviving spouse dies or remarries, whichever occurs first.

Civil Code, Art. 890

Devolution of separate property; parents and brothers and sisters

If the deceased leaves no descendants but is survived by a father, mother, or both, and by a brother or sister, or both, or descendants from them, the brothers and sisters or their descendants succeed to the separate property of the deceased subject to a usufruct in favor of the surviving parent or parents.  If both parents survive the deceased, the usufruct shall be joint and successive.

Civil Code, Art. 891

Devolution of separate property in absence of parents or in absence of brothers and sisters

If the deceased leaves neither descendants nor parents, his brothers or sisters or descendants from them succeed to his separate property in full ownership to the exclusion of other ascendants and other collaterals.

If the deceased leaves neither descendants nor brothers or sisters, nor descendants from them, his parent or parents succeed to the separate property to the exclusion of other ascendants and other collaterals.

Civil Code, Art. 892

Other intestacy statutes

There are additional statutes pertaining to the distribution of intestate property in the State of Louisiana. To view those statutes, please click here.

[Reference - Louisiana's Intestacy laws]