What Happens to Real Estate If You Die Without a Will?

In Louisiana, dying without a will doesn’t mean your assets vanish—but it does mean the state gets to decide who inherits them. This process, called intestate succession, can create confusion, delay, and even conflict—especially when it comes to real estate.

Here’s what you need to know about what happens to your property if you pass away without a will in Louisiana.

Louisiana’s Intestate Succession Rules

If you die without a will, Louisiana law determines who inherits your property based on your family structure at the time of death. Real estate is treated differently than movable property (like cash, vehicles, or personal belongings).

Here’s a basic breakdown:

If You Have Children, But No Spouse:

Your children inherit the property equally. If one of your children is deceased, that child’s share passes to their children (your grandchildren).

If You Have a Spouse, But No Children:

Your surviving spouse inherits your share of community property (property acquired during marriage), and your separate property goes to your siblings or parents—not your spouse.

If You Have Both Spouse and Children:

Your children inherit your share of the community property, but your spouse retains a “usufruct”—the legal right to use the property for life or a set period.

If You Have No Spouse or Children:

Your parents, siblings, nieces/nephews, or more distant relatives may inherit, depending on who is still living.

Why This Gets Complicated—Fast

Even if Louisiana’s default inheritance rules seem “fine,” not having a will can create major challenges:

• Multiple heirs may co-own the property—leading to disagreements about use or sale.

  
  

• A usufruct can make it harder to refinance or sell.

  
  

• Out-of-state heirs may be hard to locate or involve in legal decisions.

Skipped successions from prior generations can complicate ownership even more.

How to Avoid This Situation

The best way to control what happens to your real estate is to make a valid will. In it, you can:

• Choose who inherits what

  
  

• Name an executor to manage the estate

  
  

• Make special arrangements for minor children, blended families, or long-term partners

How We Can Help

At Title Stream, we assist families in navigating the succession process—even when no will exists. We also help clients prevent these issues with proactive estate planning, including wills, successions, and property transfers.

If you own real estate and don’t have a plan in place, now is the time.