What Happens If You Die Without a Will in Louisiana?
If you’ve ever thought, “I’ll get to a will someday — I’m healthy, I’m busy, it can wait,” you’re not alone. Most people don’t love thinking about estate planning. But here’s the truth: in Louisiana, dying without a will (called dying intestate) can create stress, delays, and unintended consequences for the people you love most.
Let’s walk through what actually happens — in plain English — and what you can do to avoid it.
What Does “Dying Without a Will” Mean?
If you die without a valid will in Louisiana, the state decides who inherits your property based on Louisiana’s intestate succession laws — not your wishes, not your family’s expectations, and not what feels fair or logical to you.
Even if your family agrees on what you would have wanted, the court still must follow the law.
Who Inherits If You Die Without a Will in Louisiana?
Louisiana’s rules are very specific — and sometimes surprising.
If You’re Married With Children
Louisiana is a community property state, so unless you had a prenuptial agreement, your portion of the community property will be distributed as follows:
Your children inherit your property, but
Your spouse gets a usufruct (a legal right to use and benefit from the property) until their death or remarriage.
This can create confusion and conflict, especially if your spouse wants to sell property or if they are not the biological parent of your surviving children.
If You’re Married Without Children
Again, presuming that you do not have a prenuptial agreement, your spouse usually inherits everything
If You’re Single With Children
Your children inherit everything outright, even if they’re minors — which often requires court supervision.
This can create confusion and conflict, especially if your children are very young and unable to effectively manage their inheritance and their remaining parent can cause conflict as well.
If You’re Single Without Children
Your property goes to parents, siblings, nieces/nephews, depending on who survives you.
If your parents are still alive and you have siblings, your parents get a usufruct over your property, and upon their passing, your siblings inherit your property
If No Relatives Are Found
Your estate can ultimately go to the State of Louisiana.
Yes — that really happens.
What Happens to Your Minor Children?
This is one of the biggest reasons parents create wills.
Without a will, you do not get to name a guardian (also known as a tutor) for your children. A judge will decide who raises them if both parents pass away — based on what the court believes is best, not necessarily who you would have chosen.
Does Everything Go Through Probate?
Yes — in Louisiana probate is referred to as a succession, which is required when a person dies, with or without a will. An intestate succession can oftentimes be:
✔ Slower
✔ More expensive
✔ More public
✔ More stressful
Your family may wait months (or longer) to access funds, sell property, or settle affairs — especially if there’s disagreement or complicated assets.
Can’t My Family Just Agree on What I Would Have Wanted?
Unfortunately, no. Even if everyone agrees, the court must follow intestate succession laws. This is where families are often shocked — because the legal outcome doesn’t match expectations.
Why Having a Will Makes Life So Much Easier
A properly drafted Louisiana Will allows you to:
✅ Choose who inherits
✅ Name guardians for children
✅ Pick your executor
✅ Avoid family conflict
✅ Speed up the legal process
✅ Reduce court costs
And just as importantly — it gives your loved ones clarity instead of chaos during an already emotional time.
The Good News? This Is Easy to Fix
Creating a will is one of the simplest, most affordable ways to protect your family — and most people are relieved once it’s done.
If you’ve been putting it off, consider this your friendly nudge. I always tell clients that I do not have a crystal ball, therefore I do not know when anyone is going to pass away. So, it is important to plan ahead now, while you can.
Want Help Creating a Louisiana Will?
If you’d like guidance tailored to your family, finances, and goals, we’re happy to help.
Your future self — and your family — will thank you.
Legal Disclaimer:
The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this content does not create an attorney-client relationship between you and Samantha Weidner, Attorney and Counselor at Law. Laws change frequently and vary by jurisdiction, so you should not rely on this information as a substitute for legal advice from a qualified attorney licensed in your state. For advice regarding your specific situation, please contact our office directly.