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Louisiana Succession Guide

Parish-specific succession filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Louisiana.

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Types of Succession in Louisiana

Louisiana offers several succession procedures depending on estate value and circumstances. Attorney requirements vary by probate type and local practice.

See the full comparison of Louisiana succession typesWhich procedures exist, who qualifies, and how the timelines compare.

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Louisiana Succession Filing Offices by Parish

Choose your parish to get its succession court contacts, filing fees, and required forms. 64 parishes have detailed data.

Show all 64 counties
Full data available: CatahoulaFull data available: ClaiborneFull data available: ConcordiaFull data available: De SotoFull data available: East Baton RougeFull data available: East CarrollFull data available: East FelicianaFull data available: EvangelineFull data available: FranklinFull data available: GrantFull data available: IberiaFull data available: IbervilleFull data available: JacksonFull data available: JeffersonFull data available: Jefferson DavisFull data available: LafayetteFull data available: LafourcheFull data available: LaSalleFull data available: LincolnFull data available: LivingstonFull data available: MadisonFull data available: MorehouseFull data available: NatchitochesFull data available: OrleansFull data available: OuachitaFull data available: PlaqueminesFull data available: Pointe CoupeeFull data available: RapidesFull data available: Red RiverFull data available: RichlandFull data available: SabineFull data available: St. BernardFull data available: St. CharlesFull data available: St. HelenaFull data available: St. JamesFull data available: St. John the BaptistFull data available: St. LandryFull data available: St. MartinFull data available: St. MaryFull data available: St. TammanyFull data available: TangipahoaFull data available: TensasFull data available: TerrebonneFull data available: UnionFull data available: VermilionFull data available: VernonFull data available: WashingtonFull data available: WebsterFull data available: West Baton RougeFull data available: West CarrollFull data available: West FelicianaFull data available: Winn

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Louisiana Succession Self-Help and Online Resources

Louisiana Estate Law Overview

Louisiana Estate Tax Info

Louisiana has NO state estate tax, NO state inheritance tax (repealed effective January 1, 2012), and NO state estate transfer tax for deaths after December 31, 2004. Louisiana also imposes no statewide probate tax or value-based court tax on successions (unlike Virginia's probate tax). Louisiana does have a state individual income tax and a state fiduciary income tax on estate/trust income.

No
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession (called 'intestate successions' in Louisiana's civil-law system) determines who receives a decedent's property when there is no valid testament, under Louisiana Civil Code Arts. 880 et seq.

View spouse inheritance rules
Decedent's one-half share of COMMUNITY property; no surviving descendants100% of the decedent's community share (full ownership)

Under La. Civ. Code Art. 889, if the deceased leaves no descendants, the surviving spouse not judicially separated succeeds to the decedent's share of the community property in full ownership.

Decedent's one-half share of COMMUNITY property; survived by descendantsUsufruct only (not full ownership)

Under La. Civ. Code Art. 890, if the deceased is survived by descendants, the surviving spouse has a usufruct over the decedent's share of the community property to the extent not disposed of by testament. The descendants take the naked ownership. This usufruct terminates when the surviving spouse dies or remarries, whichever occurs first, unless the decedent provided otherwise by testament.

Decedent's SEPARATE property when descendants, parents, or siblings surviveNone of the separate property by default

Under La. Civ. Code Art. 894, the surviving spouse succeeds to the decedent's SEPARATE property only when the decedent leaves no descendants, no parents, and no brothers or sisters or their descendants. Otherwise separate property passes to those closer classes.

Decedent's SEPARATE property when no descendants, parents, or siblings survive100% of separate property (full ownership)

Under La. Civ. Code Art. 894, if the deceased leaves neither descendants, nor parents, nor brothers, sisters, or descendants from them, the spouse not judicially separated succeeds to the separate property to the exclusion of other ascendants and other collaterals.

View order of inheritance (no spouse)
  1. 1DescendantsDecedent's separate property in full ownership; naked ownership of the decedent's community share (spouse takes usufruct)
  2. 2Brothers and sisters (and their descendants), subject to a usufruct in favor of surviving parent(s)If no descendants, separate property goes to siblings or their descendants, subject to a usufruct in favor of any surviving father and/or mother
  3. 3Brothers and sisters (and their descendants) in full ownership when no parents surviveIf no descendants and no parents, separate property passes to siblings or their descendants in full ownership
  4. 4Surviving father and/or motherIf no descendants and no siblings or their descendants, separate property passes to the surviving parent(s)
  5. 5Surviving spouse not judicially separatedIf no descendants, parents, or siblings or their descendants, the spouse takes the separate property in full ownership
  6. 6Other collaterals (nearest in degree)If no descendants, parents, siblings/their descendants, or surviving spouse, separate property passes to the nearest other collaterals; the nearest in degree excludes the others

Louisiana Homestead Protection

Louisiana has TWO separate homestead concepts that should not be confused. (1) The CONSTITUTIONAL property-tax homestead exemption (La. Const. art. VII, § 20) exempts the first $7,500 of assessed valuation (equal to $75,000 of fair market value at the 10% residential assessment ratio) of an owner-occupied home from state, parish, and special ad valorem property taxes. (2) The homestead exemption FROM SEIZURE (La. R.S. 20:1) protects up to $35,000 of equity in the home from most creditor seizure (full value in certain catastrophic and obligation-related situations).

$7,500
Property Tax Exemption
Creditor protection: read the statute text

Up to $35,000 of equity in the homestead (land and improvements), with the full value protected in certain catastrophic-loss situations described in the statute.

Statute: La. R.S. 20:1

Size limits & qualifications

Inside city limits: 5 acres (seizure exemption); 160 acres (property-tax exemption)

Outside city limits: 200 acres (seizure exemption); 160 acres (property-tax exemption)

Property types: Owner-occupied principal residence (house and contiguous land up to 160 acres), A residence tract plus a separate field, pasture, or garden tract within the acreage limit

Restrictions on leaving homestead in will

With spouse, no minor children:

No homestead-specific devise restriction. The surviving spouse may have a usufruct over community property and a possible marital portion; analyze separately.

With minor children:

Forced heirship can apply to descendants 23 or younger or permanently incapacitated descendants of any age, giving them a legitime regardless of the testament; this is broader than a homestead rule.

Exempt Property

Louisiana is a CIVIL-LAW community-property state, so its family/estate protections differ from common-law states. There is no Florida-style 'exempt property' allowance list, no Virginia-style $30,000 family allowance, and no Virginia-style homestead allowance topped up against the intestate share. Instead, Louisiana protects survivors through (1) the general exemptions from seizure of La. R.S. 13:3881 (which protect a debtor's basic property from creditor seizure, including after death to the extent applicable), (2) the homestead exemption from seizure of La. R.S. 20:1 (up to $35,000 of home equity), (3) the surviving spouse's marital portion when the deceased died 'rich in comparison' (La. Civ. Code Arts. 2432-2437), and (4) the surviving spouse's usufruct over community property (La. Civ. Code Art. 890).

View exempt items
Wages / disposable earnings
La. R.S. 13:3881(A)(1) exempts 75% of the debtor's disposable earnings for any week, but in no case is the exemption less than an amount in disposable earnings equal to thirty times the federal minimum hourly wage in effect when the earnings are payable.
75% of disposable earnings for any week (and never less than 30x the federal minimum hourly wage)
Tools, instruments, and books of a trade or profession
La. R.S. 13:3881(A)(2) exempts the tools, instruments, and books necessary to the exercise of the debtor's trade, calling, or profession by which he earns his livelihood (in whole or in part). No dollar cap is stated.
No statutory dollar cap (must be necessary to the trade/calling/profession)
Motor vehicle
La. R.S. 13:3881(A)(7) exempts $7,500 in equity value for one motor vehicle per household used by the debtor and family, based on NADA retail value for the year/make/model; an additional $7,500 in equity value is exempt for one vehicle per household substantially modified for the physical disability of the debtor or a family member.
$7,500 in equity value for one motor vehicle per household (plus a separate $7,500 for one disability-modified vehicle)
Clothing, bedding, household furnishings, and kitchen items
La. R.S. 13:3881(A)(4) exempts clothing, bedding, linen, chinaware, glassware, utensils, silverware (non-sterling), furniture, household appliances, and similar listed household goods used in the home, plus a stated list of family necessities; the statute lists categories rather than imposing a single dollar cap.
No statutory dollar cap (statutory list of household items)
Family portraits, arms and military accoutrements, musical instruments, and household pets
La. R.S. 13:3881(A)(4) exempts the family portraits, the arms and military accoutrements (firearms not exceeding a total maximum value of $2,500), the musical instruments played or practiced on by the debtor or a family member, and the household pets. A wedding or engagement ring is exempt where its value does not exceed $5,000.
Firearms capped at a $2,500 total maximum value; rings capped at $5,000
Pension, retirement, and IRA / annuity benefits
La. R.S. 13:3881(D) and related law exempt the debtor's interest in pension, profit-sharing, IRA, annuity, and similar tax-qualified retirement plans from seizure, except for claims such as alimony and child support. Confirm the current exception list.
Generally exempt (subject to alimony/child-support exceptions)
Homestead (home equity)
La. R.S. 20:1 exempts up to $35,000 of equity in the bona fide homestead from seizure by ordinary creditors. The homestead includes contiguous tracts up to a total of five acres if the residence is within a municipality, or up to 200 acres if it is not. See homestead-law.json for the full rule and the exceptions (purchase-money, mortgages, taxes, certain support claims).
Up to $35,000 of equity (full value in certain catastrophic situations); up to 5 acres if within a municipality or 200 acres if not

Family Allowance

Marital portion: 1/4 of the succession in full ownership if the decedent died without children; 1/4 in usufruct for life if survived by three or fewer children; a child's share in usufruct if survived by more than three children; capped at $1,000,000 - Louisiana does not provide a fixed-dollar 'family allowance' for the surviving spouse and minor children during administration. The closest support-oriented right is the MARITAL PORTION: when a spouse dies 'rich in comparison with the surviving spouse,' the survivor may claim the marital portion from the decedent's succession (La. Civ. Code Art. 2432). The quantum is set by La. Civ. Code Art. 2434.

Louisiana Succession Questions

How much does succession cost in Louisiana?
Louisiana succession filing fees vary by parish and type of administration. Typical costs include the court filing fee plus certified copy fees, publication notice fees where notice is required, and potential bond premiums. Use our free Louisiana fee calculator for parish-specific estimates.
How long does succession take in Louisiana?
The timeline varies by type: Formal Probate typically takes 6-12+ months, while Simplified Probate and Small Estate Procedures are usually much faster, depending on the county and the estate.
Do I need an attorney for succession in Louisiana?
Attorney requirements vary by probate type and local practice. Attorney review is recommended for formal administration and whenever you are unsure which procedure applies.
Are these Louisiana probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the Louisiana county page and the county office handling the estate before filing.
Which Louisiana source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the Louisiana Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.