Founding Attorney
When someone close to you passes away, the last thing you want to worry about is paperwork and court filings. Yet if they didn’t leave a will, questions about who inherits their property can come up right away. In Louisiana, this situation is handled through intestate succession, a legal process that determines heirs and ensures the estate is properly managed.
This guide breaks the process into clear, practical steps so you know what to gather, what to expect in court, and how to move forward.
Step 1: Understand Louisiana’s Intestate Succession Rules
If your loved one did not leave a valid will, Louisiana law decides who inherits. The rules depend on both the family situation and the type of property:
- Children inherit first, sharing equally in both community and separate property.
- A surviving spouse receives a usufruct (use right) over community property when there are children. If there are no children, the spouse inherits the community property outright.
- Parents and siblings may inherit separate property if there are no children. Siblings take ownership, and parents may receive a usufruct.
- If there are no children, parents, or siblings, the spouse or more distant relatives may inherit the separate property.
Because Louisiana’s civil law system is unique, the order of inheritance can be different from other states. That’s why it’s important to get clarity early.
Step 2: File a Petition in Court
To begin the legal process, you’ll need to open succession proceedings in the parish where your loved one lived. This involves:
- Filing a petition to open succession with the court.
- Requesting the appointment of an administrator (also called a succession representative) to handle the estate.
- Getting court approval to start identifying and distributing assets.
Without filing in court, heirs usually cannot transfer or sell property that belonged to the deceased.
Step 3: Gather the Right Documentation
The court will expect you to provide paperwork that proves relationships and identifies property. Collecting these documents early can make the process smoother:
- Certified copy of the death certificate
- Birth certificates and marriage certificates for heirs
- Property records, such as deeds or titles
- Bank account information
- Outstanding bills or debts
- Any insurance policies or retirement account details
Having a clear file helps the administrator present the court with an accurate list of assets and identify the heirs.
Step 4: Establish Heirship
In Louisiana, the court must formally determine who the legal heirs are. This is done through an affidavit of death and heirship or a judgment of possession. These legal documents:
- Recognize heirs under Louisiana law.
- Allow heirs to take legal title to property.
- Provide authority for heirs to sell or transfer assets.
If there are disputes about who qualifies as an heir, the court may hold a hearing to resolve the matter.
Step 5: Address Debts and Expenses
Before property can be distributed, debts must be settled. The administrator will:
- Notify creditors of the death.
- Use estate funds to pay final expenses, including medical bills, funeral costs, and outstanding debts.
- File required tax returns, if any.
Only after debts are cleared can the court approve the distribution of what remains to the heirs.
Step 6: Distribute Property to Heirs
Once heirship is established and debts are resolved, the court issues a judgment that transfers ownership. This step may involve:
- Dividing real estate, vehicles, or personal belongings.
- Transferring bank accounts or investments.
- Recording new deeds to show heirs as the owners.
At this point, heirs can fully take possession of their share.
How a Louisiana Succession Attorney Can Help
Handling intestate succession in Louisiana can be stressful and time-consuming. The law requires strict compliance with court procedures, and even small mistakes can lead to delays. At Kallio Law Firm, LLC, we guide families through the process step by step, helping you gather the right documents, open the court case, and protect your rights as an heir.
Get Support for the Next Steps
If your loved one died without a will, you don’t have to figure everything out on your own. We will help you understand Louisiana’s intestate succession laws and work with you to make the process as smooth as possible.
Contact Kallio Law Firm, LLC today to schedule a consultation and learn how we can help you move forward.
