Succession in Louisiana: A Complete Guide (Louisiana's Version of Probate)

Louisiana is the only U.S. state built on a civil-law system rather than common law, and it shows up everywhere in how estates are settled. Probate is called "succession," heirs can be legally entitled to a share of the estate regardless of what the will says, and community property rules change who owns what before you even get to inheritance. This guide walks through every part of it.

Does Louisiana Always Require Succession?

No. Assets that pass outside of succession include those held in a revocable living trust, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, and property held in true joint tenancy with right of survivorship (rare in Louisiana, since most jointly acquired marital property is community property rather than joint tenancy — see below).

Small Succession Affidavit ($125,000)

For estates with a gross value of $125,000 or less — a threshold set by 2009 legislation (Act 286) that raised it from $75,000 — Louisiana allows heirs to use a Small Succession Affidavit to transfer assets without opening a full, court-supervised succession. The $125,000 figure covers only assets that would otherwise require succession to transfer; life insurance, retirement accounts with named beneficiaries, and other assets that already pass automatically don't count toward it. In practice, using the affidavit typically costs a family $750–$2,000 in attorney and filing costs, well below the cost of a full administration.

Independent vs. Standard Administration

Louisiana offers Independent Administration — the streamlined, modern default — when authorized by the testament or agreed to by all heirs. It lets the succession representative act without seeking court approval for most individual transactions. Standard administration, with court supervision of significant actions, applies when independent administration isn't authorized or heirs disagree.

How to Open a Succession in Louisiana

1. If named in the testament (will): file a Petition for Confirmation of Executor in the district court of the parish where the deceased was domiciled. New Orleans successions go through the Civil District Court for Orleans Parish.
2. If there's no will: an eligible heir files a Petition for Appointment as Administrator.
3. The court reviews the petition and issues Letters of Independent Administration (if authorized by the will or all heirs consent) or Letters of Administration.

Succession Representative Compensation in Louisiana

Louisiana's default statutory compensation, under La. Code Civ. P. art. 3351, is 2.5% of the value of the inventoried property, due when the final account is homologated (court-approved). The court can increase this on a showing that 2.5% is inadequate for the work involved, or approve a different amount if the testament specifies one, or if the administrator and all competent heirs agree to a different figure. Example: a $200,000 succession typically generates around $5,000 in commission at the default rate; a $500,000 succession, around $12,500. Attorney fees are separately reviewed by the court for reasonableness.

Community Property and What the Surviving Spouse Gets

Louisiana is a community property state, which changes the starting point for every succession involving a married decedent. Property acquired during the marriage is generally community property, owned equally by both spouses — so only the deceased's half is actually part of the succession; the surviving spouse already owns the other half outright, no inheritance required.

For the deceased's half of the community property: if there are descendants, they inherit it in naked ownership, while the surviving spouse receives a usufruct — the legal right to use the property and receive its income or benefit for life or until remarriage, without owning it outright. If there are no descendants, the surviving spouse inherits the deceased's half of the community property in full ownership.

Separate property (owned before the marriage, or acquired during it by inheritance or gift) follows a different order: it goes first to the deceased's descendants, then siblings and parents, then more distant ascendants and collaterals — the surviving spouse only inherits separate property if none of those relatives survive.

Forced Heirship — Louisiana's Signature Rule

Louisiana is the only state with true forced heirship. Under La. Civil Code art. 1493, a forced heir is a descendant who is 23 years of age or younger at the time of the decedent's death, or a descendant of any age who is permanently incapable of caring for themselves or administering their estate because of mental incapacity or physical infirmity.

Forced heirs are legally entitled to a share of the estate — the "forced portion" — regardless of what the will says. Under La. Civil Code art. 1495, the forced portion is one-quarter of the estate if there is one forced heir, and one-half if there are two or more. The remainder is the "disposable portion," which the deceased is free to leave to anyone.

Louisiana Intestate Succession: What If There's No Will?

If there's no will, Louisiana's intestacy rules apply the same community-property-versus-separate-property framework described above: descendants take the deceased's community property in naked ownership (spouse gets usufruct) and inherit separate property outright ahead of the surviving spouse. If there are no descendants, the surviving spouse takes the community property in full ownership; separate property passes to siblings and parents, then more distant relatives, before it would ever reach the spouse.

Louisiana Has No State Estate or Inheritance Tax

Louisiana abolished its inheritance tax in 2008 and has never had a separate state estate tax. Only the federal estate tax can apply, with an exemption of $15 million per person for 2026 — a threshold the vast majority of Louisiana estates never come close to reaching.