Testate vs. Intestate Successions in Louisiana: What’s the Difference?

In Louisiana, a succession is classified as either testate or intestate depending on whether the decedent left a valid will. A testate succession occurs when the decedent executed a will that complies with Louisiana law, typically in the form of a notarial or olographic testament. In these cases, the decedent is able to direct how their property is distributed, name an executor, and potentially simplify the administration process. The court’s role is to probate the will, confirm the executor, and oversee the implementation of the decedent’s wishes. However, even in a testate succession, the will is subject to certain limitations, most notably Louisiana’s forced heirship rules, which protect certain heirs such as children under the age of 24 or those with permanent disabilities.

An intestate succession occurs when there is no valid will, either because the decedent never executed one or because the will is invalid or revoked. In that situation, Louisiana’s intestacy statutes determine who inherits and in what proportions. These rules prioritize close family members, beginning with descendants, and can include a surviving spouse’s usufruct over community property. While intestacy provides a default framework, it often produces results that do not align with the decedent’s preferences, particularly in blended families or where the decedent had specific intentions about certain assets. Practically speaking, testate successions tend to offer more control and predictability, while intestate successions can involve more court oversight, uncertainty, and potential disputes among heirs.

Even basic estate planning, such as executing a will and organizing your assets, can significantly reduce stress, cost, and uncertainty for your family after your death. To learn more or to schedule a free consultation regarding estate planning or successions, contact Johnston Burkhardt at johnston@snw.lawor 504-313-4199.