Many people believe that everything “just goes to the spouse” if someone dies without a will—but that’s not always the case in Louisiana. If your loved one passed away without a valid will, their estate must go through a legal process called intestate succession.

New Orleans family facing intestate succession after death of loved one

For families in New Orleans, that means filing in the Orleans Parish Civil District Court and following Louisiana’s unique inheritance laws.

Louisiana’s Intestate Succession Rules

Who inherits depends on who survives the deceased:

  • If married with children: Children inherit; spouse may receive usufruct over community property
  • If unmarried with children: Children inherit everything
  • If no children: Parents, siblings, nieces/nephews may inherit
  • If no heirs: The state may receive the estate

This can cause confusion or frustration, especially if no planning was done in advance.

The Court Still Gets Involved

Even without a will, you must still file a succession in court. We help:

  • Identify legal heirs
  • Prepare the correct court documents
  • Transfer titles to property or accounts
  • Resolve any family disputes

Why This Is a Critical Time to Get Legal Help

When there’s no will, things can go sideways quickly. Family tension, delays, and improper asset transfers are all common in these situations.

We’ve helped many New Orleans families navigate intestate succession with clarity and compassion.


📞 Got Questions? Call our office or book your consultation online. Contact information is provided below.

 

Brad Scott
Experienced estate planning, estate litigation and Louisiana succession attorney.
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