When a Kenner resident dies without a valid Last Will and Testament, the estate does not automatically pass to the surviving family members — at least not without a court proceeding. Louisiana’s intestate succession laws determine who inherits, and the succession must still be opened in the 24th JDC before any assets can be legally transferred. If a loved one has recently died without a will in Kenner or Jefferson Parish, understanding what comes next is the first step.
What Louisiana law says when there is no will
A person who dies without a valid will is said to have died intestate. Louisiana’s Civil Code sets out the default rules for intestate succession — a priority order of heirs that applies when there is no will to direct otherwise. The general order in Louisiana is:
- Descendants (children, grandchildren) inherit first. If the deceased had children, they are the primary heirs.
- Ascendants and siblings inherit if there are no descendants.
- Other relatives inherit in order of proximity if there are no descendants, ascendants, or siblings.
- The state of Louisiana takes the estate (escheat) only if no relatives exist.
A surviving spouse does not typically inherit outright ownership in an intestate succession unless there are no descendants. Instead, the surviving spouse generally receives a usufruct — the right to use and benefit from the community property during their lifetime, while the children (naked owners) own the underlying property. This distinction surprises many families and can create complications around managing or selling estate property.
What happens to the family home?
If the deceased owned a home in Kenner in their name alone or as community property, the home must go through succession before it can be sold, mortgaged, or even formally transferred to the surviving spouse or children. A judgment of possession from the 24th Judicial District Court in Gretna is required to legally vest ownership in the heirs.
In the meantime, the surviving spouse may have certain rights to remain in the home under Louisiana’s usufruct protections, but the legal picture can be complicated if multiple heirs have competing interests.
How to open an intestate succession in Jefferson Parish
Intestate successions in Kenner are filed in the 24th Judicial District Court in Gretna. The process includes:
- Filing a petition to open the succession, identifying the heirs and their relationships to the deceased
- Providing proof of death and proof of kinship (birth certificates, marriage certificates)
- Preparing an inventory or detailed descriptive list of estate assets
- Notifying any known creditors
- Obtaining a judgment of possession that formally vests the estate in the heirs
The timeline varies. Straightforward Jefferson Parish intestate successions with cooperative heirs typically take 4–8 months. Complex estates, missing heirs, or creditor disputes can add significant time.
What if there are disputes among heirs?
Dying without a will often creates disputes that a will would have prevented — particularly in blended families, estranged family situations, or estates with significant assets. Common conflicts include:
- Disagreements over the value or division of inherited property
- Co-ownership conflicts when some heirs want to sell and others want to keep property
- Questions about gifts the deceased made during their lifetime (collation issues)
- Unknown or unlocated heirs who must be identified before succession can close
When disputes arise in a Jefferson Parish intestate succession, the court has authority to resolve them — but contested proceedings take longer and cost more than cooperative ones.
Why you need a Louisiana succession attorney
Louisiana’s succession law is unique in the United States — rooted in French and Spanish civil law traditions that don’t exist anywhere else. The intestacy rules, the usufruct system, forced heirship protections, and the specific court procedures in Jefferson Parish can all produce unexpected results for families who go it alone.
Scott Law Group handles succession matters throughout Jefferson Parish every day. We know the 24th JDC, the local judges, and the procedural quirks that can speed or delay a Kenner succession. Whether the estate is simple or complex, contested or uncontested, we can guide your family through the process efficiently.
Frequently asked questions
Does a surviving spouse inherit everything when there is no will in Louisiana?
No. In Louisiana, when a person dies without a will leaving children, the children are the primary heirs. The surviving spouse typically receives a usufruct — the right to use community property — rather than outright ownership. This means the children are the “naked owners” of the property while the surviving spouse can use it during their lifetime.
Can we divide the estate among ourselves without going to court?
Generally, no. Titled assets — especially real estate — require a court succession to transfer legal ownership. Without a judgment of possession from the 24th JDC, heirs cannot sell, mortgage, or retitle estate property. Informal arrangements without court involvement can create title problems that surface years later.
How much does an intestate succession cost in Jefferson Parish?
Costs vary based on estate complexity, but typically include court filing fees, publication costs, attorney fees, and succession representative compensation. For a straightforward Jefferson Parish intestate succession, professional fees often range from 3% to 5% of the gross estate value. Consult an attorney for an estimate specific to your situation.
If a loved one has died without a will in Kenner, contact Scott Law Group — Estate Counsel or call (504) 264-1057 to schedule a consultation. We help Jefferson Parish families navigate Louisiana intestate succession and protect every heir’s rights throughout the process.
This article provides general information about Louisiana succession law and is not legal advice for your specific situation. Always consult a qualified Louisiana attorney before acting.