Testate And Intestate Successions

• Under the probate law in Louisiana, successions can be testate or intestate. When a deceased person has a will, the succession is testate. The will states who inherits the deceased person's assets. In intestate succession -- succession without a living will -- the probate court decides who inherits the property. The court must determine whether the property is community or separate. Community property is accumulated by spouses during marriage. If a spouse owned a property before marriage, inherited it or received it as a gift, the state considers it separate property. If a deceased has left no will, a surviving spouse inherits no community property, unless he has no surviving children.
  
  

Testate Succession

• When a person leaves a will, he should specify what the surviving spouse should inherit. Otherwise, the court distributes the property among the heirs or forced heirs. Forced heirs are children under age 24 or disabled children of any age. A person can write a clause in a will giving a surviving spouse a limited lifetime right to the use of an asset, also called usufruct.
  
  

Order of Succession

• The probate law in Louisiana has a specific order for community property in an intestate succession. First, the court considers the deceased person's surviving children and grandchildren with usufruct to spouse. If he has none, the assets go to the surviving spouse. If a deceased person has no surviving spouse or children, his brothers and sisters inherit the property with usufruct to his parents if alive. If none exists in that group, the court considers nieces and nephews and other descendants. If the deceased person has no descendants, the court will look for ascendants, such as grandparents. If unable to locate any, the court will give the property to the nearest collateral relative. If no relatives exist, the property goes to the state of Louisiana.
  
  

When Spouses Are Not Married

• Although the state of Louisiana is a community property state, when spouses are not legally married, the surviving spouse does not inherit any property even if there are no children. The succession order only includes a legal spouse of a deceased person. When spouses are not legally married, one or both must leave a will stating what the surviving spouse should inherit. Otherwise, the court will give the assets to the nearest surviving relative of the deceased.