- Married with no children
- If there are no children, the spouse is entitled to all of the decedent’s share of community property. As for separate property, the surviving spouse has to wait in line until after the decedent’s descendants, parents and siblings or their descendants have gotten the share to which they are entitled.
- Married with child or children
- If the decedent is survived by descendants, the surviving spouse gets the legal right to use the decedent’s share of community property for the rest of the spouse’s life or until remarriage (whichever occurs first). Then the children inherit the community property. Any part not passing to the surviving spouse passes as follows:
1) descendant
2) parents of the deceased
3) siblings
4) siblings’ descendants
5) ascendants, starting with the decedent’s grandparents, in the nearest degree of kinship to the decedent
6) collateral relatives, in the nearest degree of kinship to the decedent - No spouse survives or the deceased was not married but there are other relatives
- 1) descendant
2) parents of the deceased
3) siblings
4) siblings’ descendants
5) ascendants, starting with the decedent’s grandparents, in the nearest degree of kinship to the decedent
6) collateral relatives, in the nearest degree of kinship to the decedent - No surviving relatives
- The estate passes by default to the state of Louisiana.
- State link
- http://www.legis.state.la.us/lss/lss.asp?doc=111031
- Other links
- http://www.legis.state.la.us/lss/lss.asp?doc=111047
- Special notes
- When you look at the Louisiana statutes, you will have to review articles 880-896 for the information.
