Instead of "probate," Louisiana calls the process of settling a deceased person's estate a "succession." It's handled in the district court of the parish where the decedent lived (or Civil District Court for the Parish of Orleans in New Orleans), and many of the underlying legal concepts — forced heirship, usufruct, community property — exist only in Louisiana.

A testate succession occurs when the decedent left a valid will (called a "testament" under Louisiana law). An intestate succession occurs when there is no valid will, in which case Louisiana's Civil Code determines who inherits and in what order — starting with descendants, then moving to other classes of relatives if there are none.

Not always. Louisiana's Small Succession Affidavit procedure allows heirs to transfer certain assets without a formal court proceeding if the estate qualifies. As of August 1, 2026, the gross value threshold for a Louisiana-domiciled decedent was raised from $125,000 to $200,000 under Act 293 of the 2026 Legislature (a lower $125,000 threshold still applies to certain ancillary successions of people who died domiciled outside Louisiana). The affidavit generally cannot be used until a required waiting period after death has passed, and eligibility depends on the type of assets involved — real estate can complicate things. Because thresholds and requirements change, it's worth confirming current eligibility with an attorney.

A succession representative (Louisiana's equivalent of an executor or administrator) is the person authorized by the court to collect assets, pay debts, and distribute the estate. Not every succession requires a representative. Sometimes smaller, uncomplicated estates can proceed through a "succession without administration," sometimes called a simple putting in possession, which is faster and less expensive than a formal administration.

It depends on the estate's size, whether there's a will, and whether the heirs agree, and the types of property that is being transferred in the estate. That said, many estates qualify for simpler options: the Small Succession Affidavit now covers estates up to $200,000, and uncontested estates can often proceed without a formal administration. Attorney fees for straightforward successions often run in the low thousands of dollars, while complex or contested estates can cost significantly more. An early consultation is usually the best way to know which path — and what cost range — applies to a specific estate.

Louisiana is a community property state. Assets acquired during a marriage generally belong equally to both spouses. When one spouse dies, only the decedent's one-half interest in the community property becomes part of the succession — the surviving spouse already owns the other half outright. Property owned before the marriage, or received individually by gift or inheritance during the marriage, is typically separate property and is treated differently.

Usufruct is a Louisiana civil law concept that gives someone the right to use property and receive its income or benefit, without owning it outright. It's very common in Louisiana succession planning: a surviving spouse is frequently granted a usufruct (the right to use and enjoy property) over the decedent's share of community property, while the children hold the "naked ownership" and receive full ownership later. This structure lets a survivng spouse remain in the family home or continue using estate assets during their lifetime.

Louisiana is the only U.S. state with forced heirship, which protects the children when their parents die. Children are legally guaranteed a minimum share of a parent's estate — called the "forced portion" or "légitime" — that cannot be taken away, even by a will. Under Louisiana law, this protection generally applies to children who are 23 or younger at the time of the parent's death, and to descendants of any age who are permanently incapable of caring for themselves or administering their own estate due to mental incapacity or physical infirmity.

It depends heavily on the size and complexity of the estate, whether there's a will, whether all heirs agree, and whether real estate or business interests are involved. A straightforward, uncontested succession without administration can sometimes be completed in a couple of months; a contested or complex estate with an administration can take considerably longer.

The succession representative typically has a duty to address outstanding federal tax matters as part of settling the estate, which can include filing final income tax returns, responding to IRS notices, or resolving back taxes or liens before property can be fully distributed to heirs. This is an area where coordinating estate and tax counsel closely matters.