Louisiana Exempt Property and Family Allowance

Louisiana protects a surviving spouse and family after a death, but not through the allowances common-law states use. There is no Louisiana statute that sets aside a fixed dollar amount of household goods for the family, and no monthly family allowance paid during administration. What Louisiana has instead is a set of separate protections, each with its own statute, its own limit, and its own way of being claimed.

Louisiana calls the court process a succession, not "probate," and it runs through the district court in the parish where the decedent was domiciled. This page is general information, not legal advice.

What Louisiana Actually Provides

Five protections do the work that a UPC-state "exempt property allowance" and "family allowance" do elsewhere. They are cumulative in the sense that they can apply to different assets, but they are not interchangeable and should not be added together without advice:

Protection	Statute	What it does
Exemptions from seizure	La. R.S. 13:3881	Shields listed property from creditor seizure
Homestead exemption from seizure	La. R.S. 20:1	Shields $35,000 of home equity
Marital portion	La. Civ. Code arts. 2432 through 2437	A claim when the decedent died much richer
Spousal usufruct	La. Civ. Code art. 890	Use and enjoyment of the decedent's community share
Forced heirship	La. Civ. Code arts. 1493, 1495	Reserves a legitime for qualifying children

A sixth is not a succession right at all but matters more than any of them in the first weeks: La. R.S. 9:1513 lets a bank release money to a surviving spouse without any court involvement. That one is covered below.

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Money in the First Weeks: the $20,000 Bank Release

Under La. R.S. 9:1513, a federally insured depository may pay a surviving spouse up to $20,000 out of the decedent's deposits, or out of community deposits held in either name, without any court proceeding, order, or judgment.

The spouse gives the depository an affidavit stating that total withdrawals do not exceed $20,000 across all depositories, so the cap is on the whole set of accounts, not on each bank. The depository's receipt from the spouse is a full discharge for the amount paid.

This is the fastest cash available to a Louisiana family, and it does not wait for a succession to open. Ask the bank for its affidavit form and bring a certified death certificate.

Exemptions From Seizure: La. R.S. 13:3881

These shield property from creditor seizure. They are not a distribution to the family and they do not change who inherits, but they decide what a creditor can actually reach.

Wages. Seventy-five percent of disposable earnings for any week, and never less than an amount equal to 30 times the federal minimum hourly wage. For a current or past-due child support obligation the exemption drops to fifty percent.
One motor vehicle, $15,000 in equity, for any purpose. If the disability provision below does not apply, and the debtor is married or has a child in the household who is a licensed driver, a second vehicle is exempt up to $15,000. No more than two vehicles are exempt in total. Equity is measured against the retail value in the JD Power Official Used Car Guide for that year, make, and model.
A disability-adapted vehicle, $20,000 in equity, for one vehicle per household that has been modified, equipped, or fitted to adapt its use to the physical disability of the debtor or a family member.
Tools of a trade. Tools, instruments, and books necessary to the exercise of a trade, calling, or profession, with no dollar cap in the statute.
Household goods. Clothing, bedding, linen, chinaware, furniture, and kitchen items used by the family, with no dollar cap. Family portraits, arms and military accoutrements, musical instruments, and all household pets are listed as well.
Firearms up to $2,500 in total value, and wedding or engagement rings up to $5,000 worn by either spouse.
Retirement money. Pension, retirement, and similar benefits, subject to exceptions including alimony and child support.

The Homestead: Two Different Things With the Same Name

Louisiana has two homestead protections and they are constantly confused. They come from different sources, protect against different things, and their dollar figures are not comparable.

The seizure exemption (La. R.S. 20:1) protects $35,000 of value in the homestead from seizure and sale. The homestead is the residence the owner occupies and the land it sits on, including contiguous tracts up to five acres inside a municipality or 200 acres outside one. For obligations arising directly from a catastrophic or terminal illness or injury, the exemption applies to the full value of the homestead based on its value one year before the seizure.

The property-tax exemption (La. Const. art. VII, § 20) exempts the first $7,500 of assessed value, which is the first $75,000 of fair market value at the ten percent residential assessment ratio. This lowers a tax bill. It does nothing about creditors.

Neither one transfers title at death. Title passes through the succession, and the exemptions follow the property rather than deciding who receives it.

The Marital Portion: Louisiana's Answer to a Family Allowance

Louisiana does not pay a periodic family allowance during administration. Its support-oriented right is the marital portion, and it is a one-time claim rather than a monthly payment.

Under La. Civ. Code art. 2432, when a spouse dies "rich in comparison with the surviving spouse," the survivor may claim the marital portion from the decedent's succession. The comparison is the whole test, so a spouse who was already well provided for may have little or no claim.

Art. 2434 sets the amount:

One-fourth of the succession in full ownership when the decedent died without children.
One-fourth in usufruct for life when the decedent is survived by three or fewer children.
A child's share in that usufruct when the decedent is survived by more than three children.

The article closes with a ceiling: in no event may the marital portion exceed one million dollars.

Art. 2436 adds two limits that end claims. The right is personal and nonheritable, so it dies with the surviving spouse and the spouse's own heirs cannot pursue it. And it prescribes three years from the date of death. Three years is the outer edge, not a target.

What Louisiana Does Not Have, Said Carefully

Pages written for common-law states describe two things Louisiana has no counterpart for:

A statutory exempt-property set-aside, meaning a fixed dollar amount of household goods and personal effects that passes to the spouse and minor children ahead of creditors.
A family allowance, meaning a court-ordered periodic payment for support while the estate is administered.

Louisiana's protections are structured differently, which is why this page describes each one by statute rather than reproducing an allowance table from another state. If a source tells you Louisiana pays a family allowance of some specific amount, check which state's statute it is citing.

The same caution applies to the elective share. Louisiana has none. A surviving spouse cannot elect against the will for a fixed percentage. The analysis runs through the community-property split, the usufruct, the marital portion, and forced heirship together. Louisiana surviving spouse rights covers that combination.

How These Interact With Creditors

The exemptions shelter property from ordinary collection, and they have real exceptions:

The homestead seizure exemption does not defeat a purchase-money or vendor's privilege claim, a mortgage or security right granted on the property, or taxes and assessments.
A vehicle can be exempt from a general creditor while a purchase-money lien on that same vehicle stays fully enforceable.
Wage exemptions shrink for support obligations, as noted above.

Before treating anything as available to the family, check liens, privileges, and purchase-money obligations against it. The Louisiana succession representative duties guide covers the fiduciary side of that review, and Louisiana creditor claims covers how debts are handled in the succession.

Frequently Asked Questions

Does Louisiana pay a family allowance to a surviving spouse?

Not in the way common-law states do. There is no court-ordered periodic support payment during administration. The closest right is the marital portion under La. Civ. Code arts. 2432 through 2437, a one-time claim available only when the decedent died "rich in comparison" with the survivor, capped at one million dollars and prescribing three years from the date of death.

How much money can I get from the bank before the succession opens?

Up to $20,000. La. R.S. 9:1513 lets a federally insured depository pay that much to a surviving spouse out of the decedent's deposits or community deposits with no court proceeding at all. You sign an affidavit that your total withdrawals do not exceed $20,000 across every depository, so the cap covers all accounts together rather than each bank separately.

How much of a car is protected from creditors?

$15,000 of equity in one vehicle for any purpose, under La. R.S. 13:3881(A)(7). A second vehicle is exempt up to $15,000 if the disability provision does not apply and you are married or have a licensed-driver child in the household, with two vehicles the maximum. A vehicle adapted for a physical disability is exempt up to $20,000. Equity is measured against the JD Power Official Used Car Guide retail value.

Is the $35,000 homestead exemption the same as the homestead exemption on my tax bill?

No. They share a name and nothing else. The $35,000 figure is La. R.S. 20:1 and protects home equity from seizure and sale. The homestead exemption on a property-tax bill is La. Const. art. VII, § 20 and covers the first $7,500 of assessed value, which is $75,000 of fair market value. One answers a creditor, the other lowers a tax.

Do these exemptions decide who inherits?

No. Exemptions from seizure decide what creditors can reach. Who inherits is decided by the testament, or by Louisiana intestate succession where there is none, along with forced heirship and the spousal usufruct. The two questions are answered separately and then reconciled in the succession.

How long do I have to claim the marital portion?

Three years from the date of death, under La. Civ. Code art. 2436. The right is also personal and nonheritable, so if the surviving spouse dies without having claimed it, their own heirs cannot claim it for them.

Louisiana Surviving Spouse Rights - the usufruct, the marital portion, and forced heirship together
Louisiana Intestate Succession - who inherits when there is no testament
Louisiana Creditor Claims - how succession debts are handled
Louisiana Succession Representative Duties - the fiduciary who reviews liens and privileges

Sources

Title: La. R.S. 13:3881, General exemptions from seizure (wages 75% with a 30x federal minimum wage floor; motor vehicle $15,000 equity with a second vehicle and a $20,000 disability-adapted vehicle, valued by the JD Power Official Used Car Guide; tools of trade; household goods; firearms $2,500; rings $5,000; retirement benefits). Publisher: Louisiana State Legislature. Publication Date: Current official statute, accessed 2026-08-12. URL: https://legis.la.gov/Legis/LawPrint.aspx?d=77632
Title: La. R.S. 20:1, Declaration of homestead; exemption from seizure and sale ($35,000 of value, full value for a catastrophic or terminal illness or injury, five acres inside a municipality or 200 acres outside). Publisher: Louisiana State Legislature. Publication Date: Current official statute, accessed 2026-08-12. URL: https://www.legis.la.gov/legis/Law.aspx?d=81983
Title: La. R.S. 9:1513, Payment to surviving spouse without court proceedings (up to twenty thousand dollars, on affidavit, across all depositories). Publisher: Louisiana State Legislature. Publication Date: Current official statute, accessed 2026-08-12. URL: https://www.legis.la.gov/legis/Law.aspx?d=106691
Title: La. Civ. Code art. 2432, Right to marital portion. Publisher: Louisiana State Legislature. Publication Date: Current official code, accessed 2026-08-12. URL: https://www.legis.la.gov/legis/Law.aspx?d=109472
Title: La. Civ. Code art. 2434, Quantum (one-fourth, with a one million dollar ceiling). Publisher: Louisiana State Legislature. Publication Date: Current official code, accessed 2026-08-12. URL: https://www.legis.la.gov/legis/Law.aspx?d=109474
Title: La. Civ. Code art. 2436, Nonheritable right; prescription (three years from the date of death). Publisher: Louisiana State Legislature. Publication Date: Current official code, accessed 2026-08-12. URL: https://www.legis.la.gov/legis/Law.aspx?d=109476
Title: La. Civ. Code art. 890, Usufruct of surviving spouse. Publisher: Louisiana State Legislature. Publication Date: Current official code, accessed 2026-08-12. URL: https://www.legis.la.gov/legis/Law.aspx?d=111042
Title: La. Civ. Code art. 1495, Amount of forced portion and disposable portion. Publisher: Louisiana State Legislature. Publication Date: Current official code, accessed 2026-08-12. URL: https://www.legis.la.gov/legis/Law.aspx?d=108813

This guide is general information about the protections Louisiana gives a surviving spouse and family after a death. Which ones apply, and in what amounts, turn on facts specific to each estate, including whether property is community or separate, what liens and privileges attach to it, and the comparison between the spouses' means for any marital-portion claim. It is not legal advice. For advice about a particular succession, consult a Louisiana succession attorney.