What Happens if You Die Without a Will in Baton Rouge, LA?

By Andrew B. Ezell

  |  

Estate Planning

  |  

Last Modified on Jun 05, 2026

Are you wondering what happens if you die without a will in Baton Rouge, LA? The short answer is that without a will, state laws decide what happens to your estate. Whether you’re considering the benefits of establishing a will or a loved one’s estate is going through succession without a will, it can be helpful to understand the legal processes involved.

Understanding Intestate Succession Laws

In Louisiana, when a person dies, their estate must go through succession, similar to probate in other states. Under normal circumstances, the estate is subject to the terms within the will left by the deceased person. However, if that will is lost, not valid, or the individual never had a will, the estate is subject to intestacy laws. Inheritance under intestacy succession is as follows if:

• The deceased had a child or children, but no surviving spouse; the children inherit everything.
• The deceased had a spouse, but no surviving children, parents, or siblings; the spouse would inherit everything.
• The deceased had siblings, but no surviving children, spouse, or siblings; the siblings would inherit everything.
• The deceased had a surviving spouse and children; the spouse has the right to the deceased’s half of the community property for life or until they remarry. The children would inherit the deceased’s half of the community property, subject to the spouse’s right to use it for life or until remarriage, in addition to all separate property.
• The deceased had a surviving spouse and parents; the spouse receives all community property, while the parents receive all separate property.
• The deceased had a surviving spouse and siblings, but no parents. The spouse inherits all community property, while the siblings inherit all separate property.
• The deceased had surviving siblings and parents, but no spouse or children. The parents have the right to intestate property for life, and then it is inherited by the siblings.

If the person owned assets that are exempt from the succession process, that property would not be affected by intestacy laws. This includes:

• Life insurance proceeds
• Property within a living trust
• Payable-on-death bank accounts
• Funds within a retirement account with a named beneficiary

The number of American adults with a will has declined steadily in recent years. In 2022, 33 percent of respondents in one survey reported having a will, compared to only 24 percent in 2025.

Hire an Estate Planning Lawyer in Louisiana

Louisiana estate and succession laws can be incredibly confusing, especially for those who aren’t familiar with the processes, procedures, and expectations involved. When you hire an estate planning lawyer, you can rely on a professional to explain the benefits of creating a will before helping you draft one.

In the event a loved one died without a will, an estate law attorney can also assist you throughout the succession proceedings. Look no further than the professionals at Ezell Law Firm, LLC, when you need a skilled Baton Rouge estate planning attorney.

The dedicated team of attorneys at Ezell Law Firm, LLC, has a deep understanding of Louisiana’s estate planning laws. We are equipped to help you and your family with the succession process, whether or not the deceased individual had a will. Our estate lawyers can also assist you with establishing a clear and legally enforceable will document that effectively protects your assets and provides instructions to your loved ones.

Where Are Succession Issues Processed?

Succession issues in Baton Rouge are typically processed by the Succession Division of the 19th Judicial District Court for East Baton Rouge Parish. This courthouse is located at 300 North Boulevard, Baton Rouge, LA 70802.

FAQs

Who Inherits if There Is No Will in Louisiana?

If there is no will in the state of Louisiana, the deceased individual’s estate is inherited according to the state’s intestacy succession laws. Typically, the surviving spouse and children of the deceased have priority in receiving non-exempt assets during succession. If the deceased had only a spouse or only had children, that party would inherit everything. If the deceased had no spouse or children, surviving parents have priority, followed by any siblings.

Am I Required to Create a Will in Louisiana?

You are not legally required to create a will in Louisiana, but it is generally recommended for the vast majority of people. By creating a will, you have control over how your assets will be handled after your death, including who receives what. If you die without a will, the state decides which of your loved ones gets your property. Without a will, your family members are more likely to dispute and endure an extended succession process.

How Long Does an Intestate Succession Case Take?

In the state of Louisiana, an intestate succession case may take anywhere from a few months to a year or longer, depending on the details of the situation. Relatively simple cases may only require a couple of months to fully resolve, while more complex or contested estates are more likely to require several months to a year or longer to settle. The size of the estate plays a large part in how long it may take to finish succession.

How Do You Avoid Succession in Louisiana?

In Louisiana, to help your family avoid succession after your passing, utilize tools such as revocable living trusts and payable-on-death or transferable-on-death beneficiary designations. These measures help to largely avoid succession because the court is not involved.

If you are preparing for the succession of a loved one, it may not be possible to avoid court involvement if they had non-exempt assets. You can ask your attorney whether you can avoid succession or how to avoid succession in the future.

Speak With an Estate Planning and Will Lawyer

At Ezell Law Firm, LLC, our legal team has extensive experience successfully assisting clients and their families with a wide variety of estate planning cases. For help with drafting a will or handling intestate succession in Baton Rouge, reach out to us today to schedule an initial consultation.