Plain-language definitions of the terms you’ll encounter in Louisiana succession law.

A Louisiana succession proceeding for a person who died domiciled outside Louisiana but owned property here. Domiciled means where the person made their permanent legal home. Completing probate in the state where the person made their permanent legal home does not by itself retitle property located in Louisiana. Whether a Louisiana court proceeding is needed depends on the value of the Louisiana property. It also depends on whether the person left a will. Where the person died domiciled outside Louisiana and the Louisiana property has a gross value of $125,000 or less at the date of death, a Small Succession Affidavit may be available instead. Where the person left a will, that route also requires that the will has already been probated by court order in another state. Where the person died domiciled outside Louisiana and the affidavit is available, it can also transfer Louisiana real estate. Where the death occurred at least twenty years before the affidavit is signed, and the person left property in Louisiana, there is no dollar limit at all. Learn more.

Property acquired by either spouse during a Louisiana marriage, presumed to be owned 50/50 by both spouses regardless of whose name is on title. When one spouse dies, only the deceased spouse’s half passes through succession.

The sworn inventory of the decedent’s property, with approximate values, that must be filed with the Petition for Possession.

A child, and in some cases a grandchild, of a Louisiana decedent who is entitled to a minimum share of the estate under La. Civ. Code art. 1493. A child qualifies if they were 23 years of age or younger when the parent died. A child of any age also qualifies if a mental incapacity or physical infirmity left them permanently incapable of caring for their person or estate when the parent died.

A grandchild can be a forced heir only by stepping into a deceased parent’s place. That happens where the parent would have been 23 years of age or younger when the decedent died, or where the grandchild is permanently unable to care for themselves or manage their own affairs.

Forced heirs are entitled to a portion of the estate called the legitime, even if a will provides otherwise. A forced heir can lose that share if the decedent disinherits them for just cause under Louisiana law.

Real estate, mineral interests, mineral servitudes, and rights attached to land. Whether a Small Succession Affidavit can transfer immovable property depends on three things. It depends on whether there was a will. It depends on where the person made their permanent legal home. It depends on what the property was worth at the date of death. Those rules are set out under Small Succession Affidavit below.

A succession where the decedent left no valid will. Distribution follows the default rules of the Louisiana Civil Code: descendants first, then ascendants and collaterals, with the surviving spouse receiving usufruct over community property.

The court order that legally transfers ownership of the decedent’s assets to the heirs and is recorded in parish conveyance records to update title. The endpoint of a Louisiana succession that is opened in court.

The minimum share of an estate that must go to forced heirs, unless a forced heir is disinherited for just cause. With one forced heir, the legitime is one-quarter (25%) of the estate; with two or more, one-half (50%).

Property that is not real estate or attached to land, such as bank accounts, vehicles, investments, and personal effects.

Ownership of property subject to another person’s usufruct. The naked owner cannot occupy or take income from the property until the usufruct ends.

A handwritten will, entirely in the testator’s handwriting, dated, and signed. Valid in Louisiana and usually probated before the succession can proceed (typically adds 2–4 weeks).

Results May Vary.

Probate of a will can be waived in one narrow case, described under Small Succession Affidavit below.

A will signed before a notary and two witnesses. Self-proving, the most common and reliable form of Louisiana will.

The formal request filed with the parish court asking the judge to recognize the heirs and place them in legal possession of the estate.

Property a spouse owned before marriage, received by gift or inheritance during marriage, or designated separate by a matrimonial agreement. Separate property is not split 50/50 with the surviving spouse.

A simplified alternative to a formal succession, set out in La. C.C.P. arts. 3421 to 3434. Two separate tests must both be met.

The first test is value, and it is set by La. C.C.P. art. 3421. Domiciled means where the person made their permanent legal home. For a person who died domiciled in Louisiana, the Louisiana property must have a gross value of $200,000 or less. For a person who died domiciled outside Louisiana, the Louisiana property must have a gross value of $125,000 or less. Where the death occurred at least twenty years before the affidavit is signed, and the person left property in Louisiana, there is no dollar limit at all. Gross value means the value before debts are subtracted. Value is measured as of the date of death, not at today’s prices.

The second test is who the person was and what they owned, and it is set by La. C.C.P. art. 3431. The affidavit may be available for a person who died domiciled in Louisiana without a will. Where that person owned Louisiana real estate, the affidavit can transfer it. It may be available for a person who died domiciled in Louisiana with a will, but only if that person left no Louisiana immovable property. That route also requires the surviving spouse, everyone who would inherit under the will, and everyone who would inherit without a will, all to agree to waive probate. The affidavit may be available for a person who died domiciled outside Louisiana who left no will. It may also be available for a person who died domiciled outside Louisiana whose will has already been probated by court order in another state. Where the person died domiciled outside Louisiana and the affidavit is available, it can also transfer Louisiana real estate. Anyone who does not fit one of the routes described above has to have the succession opened in court, however small the estate. A person who died domiciled in Louisiana, left a will, and owned any Louisiana immovable property cannot use the affidavit at any value. Immovable property means real estate such as a house, land or a camp. An estate that clears the value test but has to be opened in court still pays half the usual court costs, under La. C.C.P. art. 3422(1). Attorney fees are separate and are not affected.

The Louisiana legal process of transferring a decedent’s property, debts, and rights to heirs or legatees. The Louisiana equivalent of probate, governed by the Louisiana Civil Code.

A succession where the decedent left a valid will. The will controls distribution, subject to forced-heirship rules.

The right to use property and collect its fruits (income, occupancy) for a defined period, while another person holds naked ownership. In Louisiana, a surviving spouse often receives a legal usufruct over the deceased spouse’s half of community property.