Many people assume that if they die without a will, their spouse or children will simply “get everything.” But in Louisiana, dying without a will — known as dying intestate — triggers a legal process called succession, and the results can surprise even close families.
Here’s what really happens if you pass away without a will in Louisiana:
1. The Court Follows Louisiana’s Intestacy Laws
The state has a strict order for who inherits:
- If you’re married with children, your children inherit, not your spouse.
- Your spouse may receive a usufruct (the right to use certain assets), but they don’t automatically inherit ownership of everything.
- If you have no children, your parents or siblings may inherit part of your estate.
2. Forced Heirship Still Applies
If you have children under 24 or children with permanent disabilities, Louisiana law requires that they receive a portion of your estate — even if you didn’t leave a will. This forced portion must be planned for carefully to avoid confusion or conflict.
3. Succession Can Be Slow and Expensive
Without a will:
- Your estate goes through a full court process
- Someone must petition the court to be appointed as administrator
- Heirs may disagree about who gets what
- Your assets could be frozen until the court grants authority to act
4. Minor Children Could End Up With a Court-Appointed Guardian
If both parents die and no tutor (guardian) was named in a will, the court decides who raises your children — even if that’s not who you would have chosen.
5. Separate Property Gets Divided Unexpectedly
Property you owned before marriage or inherited individually (called separate property) doesn’t automatically pass to your spouse. It could go to your children, siblings, or parents instead.
Bottom Line? Without a Will, the State Decides.
You lose control over:
- Who inherits
- Who raises your kids
- How your estate is managed
- Whether your assets are kept private or made public
Plan With Confidence, Not Assumptions
Dying without a will leaves your family at the mercy of the court system and default laws. Let’s create a clear plan that reflects your wishes and protects the people you love.
Schedule your complimentary consultation today, and we’ll walk you through every step.
