Probate in Louisiana
Louisiana's estate administration system is unique in the United States. Louisiana uses the civil law system inherited from French and Spanish legal traditions — probate is called "succession," and the terminology differs from common law states. The Succession process is handled in the District Court of the parish where the deceased resided.
Louisiana distinguishes between "testate" successions (with a valid will) and "intestate" (without). For larger estates, a formal succession proceeding is required. Louisiana succession typically takes 6–18 months.
Simplified estate procedures
Louisiana allows a "small succession affidavit" for estates with net assets under $125,000. Surviving spouses or heirs may use the affidavit to collect personal property and transfer vehicles without going to court, available 30 days after death.
Louisiana also has a "muniment of title" process for transferring real property in certain circumstances without full succession proceedings.
Death certificates
Louisiana death certificates are issued by the Louisiana Department of Health (DOH) Vital Records Registry and by parish clerk offices. The cost is $9 per certified copy — one of the lowest rates in the country. Order online through the DOH or through the parish clerk's office.
Request at least 10–12 certified copies when the funeral home files the initial certificate. Louisiana's unique civil law system can create additional documentation needs — having extra copies on hand is especially helpful.
Estate and inheritance tax
- State estate tax: Louisiana has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Community property state
Louisiana is a community property state operating under the Civil Code. Property acquired during marriage is generally owned equally by both spouses as "community property." At death, the deceased's half of community property is distributed according to the will or intestacy law; the surviving spouse retains their half. Louisiana also has "separate property" — owned before marriage or received as a gift or inheritance during the marriage — which belongs solely to that spouse.
Notable rules
- Forced heirship: Louisiana has "forced heirship" rules that restrict a parent's ability to disinherit certain children — specifically, children under 24 or children of any age who are permanently incapacitated. A forced heir is entitled to a "forced portion" of the estate regardless of the will.
- Usufruct: Louisiana law frequently grants a surviving spouse a "usufruct" — the right to use and enjoy community property for life — rather than outright ownership. This is distinct from other states and affects estate planning strategies significantly.
- Civil law system: Louisiana's civil law heritage means that many standard common law estate planning concepts (joint tenancy, for example) do not exist in the same form. Attorneys trained in Louisiana law are essential.
- Creditor claim period: 3 months from the date of first publication of notice to creditors.
Key contacts
- Louisiana Department of Health vital records: ldh.la.gov/index.cfm/page/654
- Louisiana Courts succession information: lasc.org
- Louisiana State Bar lawyer referral: lsba.org