Testate vs. Intestate Succession in Louisiana

When an individual passes away, Louisiana law requires that their estate go through a legal process called succession. Succession is the formal transfer of a person’s property, rights, and obligations to heirs or legatees. While every situation is unique, successions in Louisiana fall into two main categories: testate and intestate. Understanding the difference can help you plan ahead and reduce confusion during an already difficult time. 

Testate Succession 

A testate succession occurs when the person who passed away (known as the decedent) left a valid last will and testament. In this instance: 

• The will outlines how the descendant’s assets should be distributed. 
• The will may name an executor. An executor is the person who is responsible for carrying out the instructions in the will and managing the estate. 
• The court affirms that the will is valid and oversees the succession process to ensure the executor follows the decedent’s wishes in compliance with Louisiana law. 

A valid will provides these critical protections for the decedent and their loved ones throughout a testate succession: 

• The decedent, not the state, decides who inherits the estate. 
• You can leave specific items or amounts to certain beneficiaries. 
• You can appoint someone you trust to handle your estate. 

Intestate Succession

An intestate succession is one in which there is no valid will to provide clarity and guidance. When a person dies intestate (without leaving a will), Louisiana law determines who inherits the estate. 

What generally happens in an intestate succession is: 

• The law divides property among surviving spouses, children, parents, siblings, or distant relatives based on a set order of priority. 
• The court will appoint an administrator to handle the estate, which might not be the person the decedent would have chosen. 
• The state’s distribution plan may not reflect the decedent’s personal wishes. 

Intestate successions can be further complicated by the following issues: 

• There is a lack of control over who receives the assets. 
• There could be disputes among heirs. 
• Closing the estate could become delayed.

Knowing the difference between testate and intestate succession is more than just legal terminology; it’s about control, clarity, and peace of mind. Creating a valid will ensures your property is handled according to your wishes and reduces the burden on your loved ones. Without a will, Louisiana’s intestacy laws make those decisions for you. 

At Oriol Law Firm, our team guides families through the succession process with compassion and experience. Whether you are preparing your own estate plan or managing your loved one’s estate, we provide the legal support you need to make the process as smooth as possible. Contact us today to learn how we can help with wills, estate planning, and succession in Louisiana. 

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