Louisiana estate planning works differently from every other state in the country because Louisiana is the only state that follows civil law rather than common law. That difference touches nearly every part of how estates are structured, how property is owned between spouses, and what you can and cannot do with your assets after you are gone. If you are making an estate plan in Louisiana or inheriting from someone who lived here, the rules you have heard about from family in other states may not apply.
The Civil Law Foundation
Every other U.S. state bases its legal system on English common law. Louisiana’s legal system traces back to French and Spanish colonial rule and is grounded in the Napoleonic Code. This civil law tradition shapes Louisiana’s Civil Code, which governs property ownership, inheritance, and family relationships in ways that have no direct equivalent elsewhere in the country.
This is not just a historical footnote. It means Louisiana has estate law concepts that other states simply do not have, and it means out-of-state attorneys who are unfamiliar with Louisiana law can easily miss something important when helping a client plan here.
Community Property
Louisiana is one of nine community property states, but its community property rules come directly from the civil law tradition. Each spouse is presumed to own an undivided one-half interest in all property acquired during the marriage. When one spouse dies, the surviving spouse keeps their own half outright, and the deceased spouse’s half is distributed (generally, to the surviving spouse and/or children, depending on the circumstances).
What this means for planning: your will can only control your half of the community. Property you owned before marriage or received as a gift or inheritance can be proven as separate property, so it follows different rules.
Forced Heirship
This is the rule that surprises most people who are new to Louisiana law. In most states, you can leave your estate to whoever you choose. Louisiana does not give you that freedom in every situation.
Under Louisiana Civil Code Articles 1493 through 1503, certain children have a legal right to a portion of your estate regardless of what your will says. These are called forced heirs, and the protected portion is called the legitime. Forced heirs include:
- Children who are 23 years old or younger at the time of your death
- Children of any age who have a permanent disability that prevents them from caring for themselves
If you have one forced heir, they are entitled to one-quarter of your estate. Two or more forced heirs are entitled to one-half collectively. You can direct the remaining portion however you choose.
Usufruct and Naked Ownership
Louisiana offers a planning tool called usufruct that has no real equivalent in common law states. A usufruct gives one person the right to use and enjoy property while another person holds the underlying ownership of it.
A common use in estate planning: a surviving spouse receives a usufruct over the deceased spouse’s share of community property. The children receive what is called naked ownership. The surviving spouse can live in the home, collect rental income, or otherwise use the property during their lifetime, but cannot sell it without the naked owners’ consent.
When the usufruct ends, full ownership passes to the children. This arrangement lets spouses provide for each other without cutting children out of an inheritance. Louisiana’s usufruct rules are governed by the Louisiana Civil Code Article 1499.
Will Requirements in Louisiana
Louisiana recognizes two types of valid wills, and getting the form wrong can result in a will being declared invalid:
- Olographic testament: Written entirely in the testator’s own handwriting, dated, and signed with no witnesses or notary required.
- Notarial testament: Typed or printed, signed before a notary and two witnesses following the process in Louisiana Civil Code Article 1576.
A will drafted in another state may be recognized in Louisiana if it meets Louisiana’s requirements or complies with the law of the state where it was executed, but this is not automatic and should be reviewed carefully.
How Succession Works Here
Louisiana does not use the word “probate.” The court process for settling an estate is called succession, and it is governed by the Louisiana Code of Civil Procedure. Filings happen in the parish where the deceased lived. Whether the succession is testate (with a will) or intestate (without one), specific legal steps are required before any property can be transferred to heirs.
Meet With Our Attorneys About Louisiana Estate Planning
Louisiana’s estate laws are genuinely different, and planning without that context can leave your family in a difficult position later. At WJ Blanchard Law, our Louisiana estate planning attorneys help individuals and families build estate plans that work under Louisiana law.
Contact Our Louisiana Estate Planning Law Firm For Help Today
If you are planning for the future or need guidance with wills, trusts, or probate in Metairie, Louisiana, contact the experienced estate planning attorneys at WJ Blanchard Law to schedule a consultation and protect your family’s legacy today.
We proudly serve New Orleans, Jefferson Parish, and the surrounding areas:
WJ Blanchard Law
2800 Veterans Blvd Suite 257
Metairie, LA 70002
Phone: (504) 313-7478
Hours: Mon-Fri 09:00-17:00
Our firm is located near you. We have an office in Metairie
Find us with our GeoCoordinates: 30.0014913,-90.1498979,893
