Glossary of Louisiana Probate, Estate Planning, and Trust Terms

Administrator
A person appointed by the court to manage and settle the estate of a deceased person who died without a will (intestate).

Affidavit of Heirship
A sworn statement used to establish the heirs of a deceased person when no formal probate is conducted.

Ancillary Succession
A probate proceeding in Louisiana for property owned in Louisiana by a deceased person who lived in another state.

Beneficiary
The person or entity entitled to benefit from the trust property.

Fiduciary Duty
The legal obligation of the trustee to act in the best interests of the beneficiaries.

Community Property
Property acquired during marriage that is owned equally by both spouses, subject to Louisiana’s community property laws.

Donor
The person who gives a gift or donation, especially in the context of a donation mortis causa (gift given in contemplation of death).

Donation Mortis Causa
A donation made in expectation of imminent death, revocable if the donor survives the peril.

Executor (or Executrix)
The person named in a will who is responsible for managing the estate and carrying out the instructions in the will.

Forced Heirship
A Louisiana law principle that reserves a portion of a deceased person’s estate to certain heirs (usually children under a certain age), limiting testamentary freedom.

Heir
A person entitled to inherit property from a deceased relative under Louisiana intestacy laws.

Homestead
A dwelling owned and occupied by the deceased, which may be subject to special protections under Louisiana law.

Intestate
A situation where a person dies without leaving a valid will.

Judicial Partition
A court-ordered division of property among co-owners or heirs.

Legacy (Legatee)
A specific gift of property or money given to a person named in a will.

Notarial Will
A will made before a notary and two witnesses, which is common under Louisiana law.

Partition
The division of property among co-owners or heirs, either by agreement or court order.

Probate
The legal process of administering the estate of a deceased person, including validating the will, paying debts, and distributing property.

Public Administrator
A court-appointed official who administers estates when no executor or administrator is available.

Quasi-Community Property
Property acquired by one spouse while domiciled outside Louisiana that would be considered community property if acquired in Louisiana.

Renunciation
The formal refusal by an heir or legatee to accept a succession or legacy.

Right of Usufruct
A right to use and enjoy the property of another, often granted to a surviving spouse in Louisiana successions.

Settlor
The person who creates the trust by transferring property into it.

Spendthrift Clause
A provision in a trust that protects the trust assets from beneficiaries’ creditors and prevents beneficiaries from recklessly spending their inheritance.

Succession
The process of transferring ownership of a deceased person’s property to their heirs or legatees.

Testamentary Capacity
The legal ability of a person to make a valid will.

Testator (or Testatrix)
A person who makes a will.

Testamentary Trust
A trust created through the instructions of a will that becomes effective upon the testator’s death.

Trustee
The individual or institution responsible for managing the trust assets according to the trust document and Louisiana law. Trustees have fiduciary duties under Civil Code articles 2320–2323, including prudent management and accountability.

Voluntary Succession
A probate proceeding initiated by the heirs or legatees when the deceased person left a will.