What Happens if You Die Without a Will in Louisiana? Understanding Intestate Succession.

Talking about life planning, especially what happens after we’re gone, isn’t easy. But having these conversations before stressful seasons hit can make all the difference for the people you love. Whether you’re trying to get ahead of the holiday rush or planning for a fresh start in 2026, taking a little time now can spare your family from confusion and hardship later.

At Oriol Law Firm, we help families find peace of mind during life’s most challenging moments. With a caring, clear approach, we guide you through Louisiana’s unique estate laws so that your wishes shape your family’s future.

So What Happens If You Don’t Have a Will? 

In Louisiana, if someone passes away without a will, the state decides how their property is divided through a process called intestate succession. That means courts get involved, assets must go through legal review, and families often face delays, questions, and added stress at an already difficult time.

Here’s how assets are typically inherited: 

1. Community Property (married couples)

If you’re married, your spouse doesn’t automatically inherit everything. In most cases, the surviving spouse receives a usufruct over community property. This means that they can use the property during their lifetime, but the children inherit the ownership. This can create complicated situations for families who assumed the spouse would receive full ownership of the property. 

2. Separate Property

Louisiana treats property differently than other states. The order of who inherits what is strict: 

• Children inherit first. 
• If there are no children, then property goes to the parents and siblings.
• If there are no living parents or siblings, then more distant relatives will inherit the property. 
• If no living relatives can be located, the property is then claimed by the state. 

Most people are surprised by this system because it often doesn’t match what they would have chosen themselves. This is why working with our team and setting a will in place, it’s proactive and leaves your loved ones with a plan without confusion. 

Why Intestate Succession Can Be Complicated 

Without a will, your loved ones may face: 

• Court delays 
• Additional legal fees 
• Confusion about who is in charge 
• Family conflict over property
• Difficulty handing items like family homes, vehicles, and bank accounts

The biggest issue is that you lose the ability to:

• Choose your executor 
• Name guardians for dependent children 
• Leave meaningful items to friends, charities, or loved ones outside your family. 

How a Will Helps You Take Control

Creating a will allows you to clearly name your beneficiaries, designate guardians for minor children, protect your spouse and ensure they receive what you intend, prevent unnecessary legal complications, and make sure your estate is handled exactly the way you want. A will doesn’t just pass on property; it passes on clarity, direction, and peace of mind.

We’re Here to Make Estate Planning Simple

We understand that estate planning can feel overwhelming and confusing, but you don’t have to navigate Louisiana’s unique laws on your own. Our team at Oriol Law Firm is a knowledgeable and experienced estate planning team that will walk you through every step of the way, explain your options, and help you create a legally sound plan that reflects your goals. 

Whether you’re starting from scratch or just updating your existing plan, we’re here to make the process easy, understandable, and tailored to your life. 

Not sure where to start? Reach out to us, and we’ll help you take the first step toward protecting your future and your family. 

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