TL;DR
When a Louisiana resident dies without a will, the Civil Code (arts. 880-901) sets the order: descendants first, then parents and siblings, then surviving spouse, then more remote relatives. Community property and separate property follow different rules. The surviving spouse rarely inherits ownership of separate property outright — children typically do, subject to the spouse’s usufruct over community property.
Roughly two-thirds of Louisianans die without a will. When that happens, the state has already written one for them, embedded in the Louisiana Civil Code. It is called intestate succession, and the rules are very different from those in common-law states.
This guide walks through who inherits what under Louisiana law, in plain English, with worked examples for the most common family situations.
Step One: Separate Property vs. Community Property
Before you can apply the intestate-succession order, you have to classify every asset as either community property or separate property. Different rules apply to each. Detailed treatment is in our guide to Louisiana community property and succession.
- Community property includes most assets acquired during the marriage — wages, the family home (if bought during marriage), retirement accounts funded during marriage, vehicles, household goods.
- Separate property includes anything owned before marriage, anything inherited or received by donation during marriage, and certain personal-injury awards.
Death dissolves the community. The surviving spouse already owns half of the community property in their own right. Only the deceased’s half passes through succession.
The Louisiana Intestate Succession Order
The Civil Code lays out a strict order of priority. The general principle: the closest blood relatives inherit ahead of more distant ones. The surviving spouse is treated specially — they inherit only in narrow circumstances, but they almost always get a usufruct on community property.
Order for Separate Property (La. C.C. arts. 891-896)
- Descendants — children, then grandchildren by representation, etc.
- Brothers and sisters, with parents holding a usufruct on the property going to siblings
- Parents, if no siblings or descendants
- Surviving spouse, only if none of the above exist
- Other ascendants (grandparents, great-grandparents) and collaterals
Order for Community Property (La. C.C. arts. 888-890)
- Descendants inherit the deceased’s one-half of the community in full ownership, subject to a legal usufruct in favor of the surviving spouse that lasts for the spouse’s lifetime or remarriage (La. C.C. art. 890)
- If no descendants, the surviving spouse inherits the deceased’s half of the community in full ownership
Worked Examples
Example 1: Married, Two Adult Children, No Will
James dies. He is survived by his wife Marie and two adult children, Paul and Sarah. The estate consists of: a Metairie home bought during the marriage ($350,000), a brokerage account funded during the marriage ($200,000), and a tract of land James inherited from his father in 2002 ($120,000).
| Asset | Classification | Who Inherits |
|---|---|---|
| Metairie home | Community | Marie’s half outright; James’s half to Paul and Sarah as naked owners; Marie gets usufruct on James’s half |
| Brokerage account | Community | Same as the home |
| Inherited land | Separate | Paul and Sarah, 50/50, in full ownership. Marie inherits nothing. |
This surprises a lot of clients. Marie has used the family home for 30 years, but legally her children own half of it the moment James dies. She gets a usufruct, which means she can live there and collect any rental income — but she can’t sell it without their consent.
Example 2: Married, No Children, Parents Living
Diane dies. She is survived by her husband Robert and her mother. She has no children and no siblings. Assets: a community-property home and a separate-property savings account ($80,000) Diane held before the marriage.
- Home (community): Robert keeps his half, and inherits Diane’s half outright under La. C.C. art. 889 — there are no descendants, so the spousal preference kicks in.
- Savings account (separate): Diane’s mother inherits it under La. C.C. art. 891. Robert gets a usufruct on Diane’s separate property under La. C.C. art. 890.
Example 3: Unmarried, Adult Child, No Will
Walter is a widower with one daughter, Lisa. All of Walter’s property is separate property (because he is unmarried at death). Lisa inherits 100% of everything, in full ownership, under La. C.C. art. 888.
Example 4: Unmarried, No Children, No Parents, One Sibling
Henry dies single, with no children and no surviving parents. He has one sister, Anne. Anne inherits everything under La. C.C. art. 892. If Anne had predeceased Henry but left children, her children would inherit her share by representation under La. C.C. art. 884.
Not sure who inherits in your situation?
Louisiana intestate rules are full of edge cases — half-siblings, adopted children, predeceased heirs. We map out the heirship for free and quote the succession fee in one call.
The Surviving Spouse’s Usufruct
La. C.C. art. 890 gives the surviving spouse a legal usufruct over the deceased’s share of community property when descendants inherit. The usufruct lasts until the surviving spouse dies or remarries. While it is in place, the spouse has the right to use the property and collect its fruits (rent, interest, dividends). They cannot sell or mortgage the naked ownership.
For a complete explanation of how usufruct and naked ownership work in practice — including when the surviving spouse can sell the house — see our deep dive on usufruct and naked ownership in Louisiana.
What About Forced Heirship?
Forced heirship is largely a will-drafting concern. In an intestate succession, all descendants inherit by default, so the forced heir protections built into the Civil Code are usually satisfied automatically. The complication arises when there is also a will that disinherits or limits descendants. Our explainer on forced heirship in Louisiana covers when it matters and when it doesn’t.
Practical Steps After an Intestate Death
- Inventory the assets and classify each as community or separate property. The descriptive list will be filed with the court.
- Identify all the heirs in the line of inheritance, including those who would inherit by representation if a closer relative is deceased.
- Order certified death certificates and pull birth and marriage certificates needed to prove relationships.
- File a petition for possession in the parish where the deceased was domiciled.
- Obtain the judgment of possession, which transfers title.
For step-by-step procedure, including timelines and court costs, see how to open a Louisiana succession.
The Cost of Dying Without a Will
Intestate successions are not automatically more expensive than testate ones — in fact, they can be simpler because there is no will to probate. The hidden cost is loss of control: the Civil Code makes decisions the deceased might have made differently. The spouse who would have inherited the lake camp gets nothing. The grandchild who would have received the college fund gets no priority over the rest of the estate. The friend who was a second parent receives nothing at all.
For a comparison of estimated fees, see our breakdown of how much a Louisiana succession costs.
Related Reading
- Louisiana Succession With a Will vs. Without
- Louisiana Community Property and Succession
- Usufruct and Naked Ownership Explained
- Uncontested Louisiana Succession Service
About the Author
Ronald C. Cantin is the principal attorney at Pelican Succession Law (3001 17th Street, Suite 102, Metairie, LA 70002 · (504) 389-6100 · info@pelicanfirm.com) and a member of the Louisiana State Bar Association (#39827). His practice concentrates on Louisiana successions, forced heirship, mineral-rights succession, and ancillary representation for out-of-state heirs across all 64 parishes.
Disclaimer. This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee future outcomes. For advice on your specific situation, consult a Louisiana attorney. Pelican Succession Law’s attorneys are licensed only in Louisiana. Attorney Advertising. Pelican Succession Law, 3001 17th Street, Suite 102, Metairie, LA 70002.