How Louisiana Successions Work

Updated October 26, 2026

In Louisiana, the legal process for transferring a person's property after death is called a succession. Other states call it probate. Louisiana's process follows its civil-law tradition and has some rules found nowhere else. Here is an overview.

With a Will or Without One

A Louisiana will is called a testament. If the person who died (the decedent) left a valid testament, the succession is testate and property generally passes as the testament directs, subject to certain limits. If there is no valid testament, the succession is intestate and the Louisiana Civil Code decides who inherits, based on family relationships and whether property was separate or community property.

Community Property and the Surviving Spouse

Louisiana is a community property state. In general, property acquired during marriage is owned by both spouses, and at death the decedent's share of the community passes under the testament or the Civil Code. When a person dies without a testament and leaves children, the children generally inherit the decedent's share of the community, subject to a usufruct in favor of the surviving spouse, which is a right to use and enjoy the property. This legal usufruct generally lasts until the spouse dies or remarries, unless a testament provides otherwise.

Forced Heirship

Louisiana is the only state with forced heirship. Children who are 23 or younger at the parent's death, or who are permanently unable to care for themselves or their property, are generally entitled to a portion of the estate (the legitime). The forced portion is generally one-fourth of the estate if there is one forced heir and one-half if there are two or more. Most adult children over 23 are not forced heirs.

The Court Process

Many successions are handled through the district court in the parish where the decedent lived, which for Lafayette Parish is the 15th Judicial District Court. A typical process involves:

• Gathering the death certificate, testament (if any), and information about assets and debts
• Filing a petition, and probating the testament if there is one
• Appointing an executor or administrator if administration is needed
• Preparing a detailed descriptive list of assets and liabilities
• Paying debts and expenses
• Obtaining a judgment of possession, which recognizes the heirs or legatees and transfers ownership

Often, if the heirs agree and debts are manageable, they can be sent into possession without a full administration, which saves time and cost.

Small Successions

Louisiana offers a simplified small succession affidavit procedure in certain cases, generally where the decedent's Louisiana property has a gross value of $125,000 or less at death (or any value if the death occurred at least 20 years before the affidavit is filed). Whether the procedure is available also depends on whether there was a testament, whether immovable property is involved, and who the heirs are. Banks and other holders may accept a properly completed affidavit as authority to release property.

Plan Ahead

A well-drafted testament, coordinated with any business ownership documents, can make the succession process simpler for your family. See our Estate Planning & Business Succession page.

Sources

• Louisiana Code of Civil Procedure arts. 3421 and 3431 (small successions), as reproduced by the DeSoto Parish Clerk of Court
• Louisiana Legislature, Résumé Digest, Act 90 (SB 32), 2024 Regular Session
• Louisiana Civil Code arts. 888-890 (descendants and surviving spouse usufruct) and 1493-1495 (forced heirs and the legitime), Louisiana State Legislature
• Loyola University New Orleans College of Law, Successions in Louisiana (PDF)

Not legal advice. This article is a general overview, not legal advice, and reading it does not create an attorney-client relationship. Every succession depends on its own facts; talk with a lawyer about your situation.