What Happens to My Property if I Die Without a Will?
In Louisiana, if a person dies without a will, they are considered to have died intestate. During an intestate succession, the decedent’s property is distributed in order as follows:
- All of the decedent’s property goes to her children.
- If the decedent does not have any children, then her property would go to her siblings, and her parents would have a usufruct over the property.
- If the decedent does not have any children, siblings or parents, then her property would go to her surviving spouse.
- If the decedent does not have any children, siblings, parents or a surviving spouse, the property would go to the closest grandparent or great-grandparent, known as ascendants.
- Finally, if the decedent does not have any children, siblings, parents, surviving spouse or ascendants, then the closes collateral (Cousins, aunts, uncles, etc.) would inherit the property.
Although this seems simple, intestate successions can become very complicated quickly. For example, when community property and separate property is involved or when the children of several marriages are involved, intestate successions get very tricky.
