Can a spouse be disinherited under intestacy?

No. Louisiana's intestacy statute guarantees the surviving spouse a share of the estate. The size of that share depends on whether there are also surviving children or parents.

Do stepchildren inherit under Louisiana intestacy?

No. Louisiana intestacy rules apply to legal descendants. Stepchildren who were not legally adopted are not included in the statutory distribution.

What if there are no surviving relatives?

When no heir can be identified under Louisiana's intestacy statute, the estate escheats (transfers) to the State of Louisiana.

Can someone contest intestate distribution?

Disputes can arise over who qualifies as an heir, whether the deceased actually lacked a will, or who should serve as administrator. These issues are resolved by the probate court under Louisiana's intestacy statute.

Does intestate probate take longer than testate?

The procedural steps are similar either way. The key difference is that intestate estates require the court to identify heirs under the statutory formula, which can add steps if the family tree is complex or disputed.

Topic guideUpdated 2026-02-27

Louisiana Probate Without a Will (Intestacy)

How intestate succession works in Louisiana — who inherits, in what order, and how administration differs without a will.

When someone dies without a will in Louisiana, the estate is distributed according to the state's Intestacy statutes. These default rules determine who inherits, in what proportions, and who has priority to serve as Administrator.

Louisiana's intestacy hierarchy

If there is a surviving spouse

Spouse inherits the
Spouse receives usufruct over the decedent's share of community property not disposed of by testament, terminating when the spouse dies or remarries; children own naked ownership if there are surviving children who are also children of the surviving spouse
Spouse receives usufruct over the decedent's share of community property not disposed of by testament, terminating when the spouse dies or remarries; the decedent's own children own naked ownership if there are surviving children who are not children of the surviving spouse

💡An heir must survive the decedent by at least none specified by statute to inherit under Louisiana law.

If there is no surviving spouse

Descendants inherit; where representation is permitted the partition is made by roots, and members of the same branch take by heads (La. C.C. Art. 885)
Forced heirs (descendants 23 or younger, or permanently incapacitated) receive a forced portion
Undisposed property devolves to descendants, ascendants, and collaterals, by blood or by adoption, and to a spouse not judicially separated, in the order set by La. C.C. Art. 880 and the articles that follow it
More remote kin inherit separate property when closer relatives do not survive

Administrator appointment

Without a will naming an Executor, the court appoints an administrator. Louisiana law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion.

💡Unlike an executor named in a will, an administrator may be required to post a bond §3151 — a type of insurance policy that protects the estate if the administrator mismanages assets.

Key differences from having a will

No ability to choose who receives specific items or property
No ability to name who should serve as Personal representative
No ability to disinherit a statutory heir (intestacy follows a fixed formula)
No ability to designate a guardian for minor children
Distribution may not reflect the deceased person's actual wishes

⚠If the estate involves minor children, a surviving spouse with children from another relationship, or significant assets, legal guidance is strongly recommended. Intestacy rules can produce results that surprise families.

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Quick checklist (Probate)

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Death certificate

(copy)

Will or trust docs

(if any)

Basic asset list

(accounts / property)

General preparation tips only. Requirements vary by case and county.

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