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Intestate Succession Laws in Louisiana

In Louisiana, when the deceased leaves descendants, the surviving spouse receives a usufruct (right to use and income) over the deceased's half of the community property, which ends at death or remarriage, and with no descendants the spouse inherits the deceased's half of the community property. Louisiana is a community property state.

Last checked . General information, not legal advice.

Louisiana at a glance

Spouse share with shared children
Usufruct over the deceased's community share
Descendants inherit; the spouse has a usufruct over the decedent's share of community property until death or remarriage. No intestate share of separate property.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
The deceased's half of community property
Separate property goes to parents and siblings; the spouse takes separate property only if there are no descendants, parents, siblings or their descendants.
Community property state
Yes
The surviving spouse already owns half of the community property.

Sources

Last checked

The rules in Louisiana

How much does a surviving spouse inherit in Louisiana when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Louisiana: Usufruct over the deceased's community share. Descendants inherit; the spouse has a usufruct over the decedent's share of community property until death or remarriage. No intestate share of separate property.

Does a surviving spouse in Louisiana inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Louisiana: no.

How much does a surviving spouse inherit in Louisiana when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Louisiana: The deceased's half of community property. Separate property goes to parents and siblings; the spouse takes separate property only if there are no descendants, parents, siblings or their descendants.

Is Louisiana a community property state?

Yes. Community property state in Louisiana: yes. The surviving spouse already owns half of the community property.

Where do the Louisiana intestate succession laws come from?

The rules above come from La. Civ. Code art. 888, La. Civ. Code art. 889, La. Civ. Code art. 890 and La. Civ. Code art. 894. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.