Understanding Your Rights as a Surviving Spouse in Louisiana When a Spouse Dies Without a Will

Short answer: In Louisiana, a surviving spouse has statutory rights when the other spouse dies intestate (without a will). Your exact rights depend on the marital regime (community or separate property), whether children or other heirs survive, and whether you are already the succession representative. If family members are trying to exclude you from decisions or access to property, you have legal options: you can request appointment as the succession representative, demand inventories and accounting, seek court orders to protect estate property, and—if necessary—ask the court to remove or enjoin others. This article explains how intestate succession works in Louisiana, the common rights surviving spouses have, and practical next steps.

Detailed answer — How intestate succession and a surviving spouse’s rights work in Louisiana

1. Basic framework: where to look in the law

Louisiana’s rules for successions (probate) and intestate inheritance are set out in the Louisiana Civil Code (Book III, Successions and Donations) and related laws. You can search the Louisiana statutes on the official legislature site: https://legis.la.gov/Legis/LawSearch.aspx. These rules determine who inherits, who may be appointed the succession representative, and what protections a surviving spouse has.

2. Who inherits when there is no will?

If your spouse died without a will, the estate passes by intestate succession. The order and share depend mainly on:

Whether the couple’s property was community property or separate property;
Whether the deceased left children (descendants), parents, or other relatives;
Whether those relatives are also descendants of the surviving spouse.

Common scenarios (examples):

If you and the deceased were married in community property regime and there are no descendants or parents of the deceased, you often inherit the entire estate.
If you have common children (children of both spouses), Louisiana often gives the surviving spouse a favorably large share; sometimes the spouse receives usufruct (a right to use and enjoy property) over the deceased spouse’s share and ownership passes to children.
If the deceased has descendants who are not also your descendants (for example, children from a prior relationship), your share will typically be smaller and may be limited to a portion of the community estate or to a usufruct interest depending on the situation.

3. Key rights a surviving spouse commonly has in Louisiana

Below are the most important practical rights a surviving spouse can assert:

Right to open the succession and be appointed as succession representative (executor): A succession must be opened in the parish court where the deceased lived. The surviving spouse is one of the people eligible to ask the court to be appointed representative. If appointed, you gain authority to gather assets, pay debts, and distribute property under court supervision.
Right to possession and protection of community property: Community property may be protected from unilateral interference by the deceased’s relatives. The survivor’s interest in the community estate is entitled to protection while the succession is pending.
Homestead and use/occupancy rights: Louisiana law provides special protections for the homestead (the family home). The surviving spouse often has the right to remain in the home or to receive other protections aimed at preserving the family residence during administration of the estate.
Usufruct and forced portions: In some intestate scenarios, the spouse receives a usufruct over part or all of the deceased’s estate rather than full ownership; that gives the spouse the right to use and derive benefit from property during life. Louisiana also employs forced heirship concepts for certain heirs—these rules can affect how much of the estate the spouse actually receives.
Right to an inventory and accounting: If someone is acting as the succession representative (administrator), you have the right to an inventory and accounting of estate assets and debts. You can ask the court to compel inventories and to review administration actions.
Right to oppose or remove a representative: If a family member was appointed but is acting improperly, you can petition the court to remove that person and ask for another appointment (including yourself), or seek remedies for mismanagement.

4. What if the family is “cutting you out” of decisions?

Family members cannot legally exclude you from the succession process or from information about estate administration simply because they disagree with you. Practical steps you can take immediately include:

Ask the family to provide proof that a court has appointed a succession representative and request a copy of the appointment and any inventories or accountings.
If no succession is open, file a petition in the appropriate parish succession court to open the succession and ask to be appointed or to request notice of administration.
If someone is already administering the estate and acting in a way that harms estate property or your rights, petition the court for interim relief—examples include temporary possession orders, injunctions to stop transfers, or emergency appointment as administrator.
Demand an inventory and accounting. If the representative refuses, you can move the court to compel it.
Document everything: communications, attempts to access accounts or property, and any transfers made by family members.

5. How to open a succession and get court protection

Gather documents: death certificate, marriage certificate, any deeds/titles, account statements, insurance policies, and lists of known creditors.
File a petition to open the succession in the parish where the deceased was domiciled.
Ask the court to appoint a succession representative. The court will consider priorities under law; a surviving spouse is usually high in priority.
Request specific interim protections if needed—for example, an order preventing transfers or granting you temporary possession of the homestead.
Once appointed, the representative files an inventory and proceeds with administration (paying debts, notifying creditors, distributing assets).

6. Timing, costs, and practical realities

Succession administration takes time. Inventory and creditor notices have statutory deadlines. Court costs and attorney fees vary by parish and estate complexity. If the estate has few assets, summary procedures may apply and can be faster and cheaper. If disputes arise, litigation can be lengthy and costly.

7. When to get an attorney

You should consult a Louisiana succession/probate attorney if:

Family members are denying you access to the home or accounts.
You want to be appointed succession representative but others oppose you.
There are complex assets (businesses, out-of-state property, retirement accounts) or questionable transfers shortly before death.
You need immediate court orders to protect estate property or stop wrongful disposals.

Helpful Hints

Preserve proof of marriage: get a certified copy of the marriage certificate.
Collect basic financial records quickly: bank names, account numbers, titles, mortgage papers, and insurance policies.
Do not let family members move, sell, or transfer estate property without court authorization—such transfers can be challenged and undone but it is harder afterward.
Ask for written proof if someone claims a court has acted. Anyone acting as a representative should produce the court order that appoints them.
File to open the succession in the parish of the decedent’s domicile even if you live elsewhere. The clerk of court can tell you how to file the initial petition.
If money is needed for immediate needs (funeral bills, basic living expenses), ask an attorney how to request interim distributions from the estate or how community property rules affect access.
If you cannot afford an attorney, seek local legal aid or contact the Louisiana Bar Association for referrals to low-cost or pro bono services.

Where to find the law and local help

Search Louisiana statutes and Civil Code provisions using the legislature’s law search: https://legis.la.gov/Legis/LawSearch.aspx. For help finding a lawyer, check the Louisiana State Bar Association’s lawyer referral resources and your parish clerk of court for succession filing procedures.

Final note / disclaimer: This is general information only and not legal advice. Laws change and each case depends on specific facts. For advice about your situation and to take legal action, consult a licensed Louisiana attorney promptly.