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Educational content only. Not legal, financial, tax, or medical advice. Plan Your Passing is not a law firm and no attorney-client relationship is created here. Estate, probate, tax, and inheritance laws differ by country, state, and county. You are responsible for confirming what applies to you. Always consult a licensed attorney in your jurisdiction before acting on anything you read or generate on this site.

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LA · Orleans Parish · Family estate-planning guide

Estate planning in New Orleans, LA

Louisiana is the only US state with civil-law inheritance — forced heirship rules can override your will.

Why this matters in New Orleans

The local angle

Louisiana is unique. It uses civil-law (Napoleonic Code) inheritance rules, not common-law. Forced heirship requires that children under 24 (or any age if disabled) receive a portion of the estate — you cannot fully disinherit them. The 'usufruct' concept (life-estate-like rights) is also unique.

Local nuance

Louisiana's succession process replaces what other states call probate. It includes both 'testate' (with a will) and 'intestate' (no will) procedures. Orleans Parish handles many cases involving generational New Orleans property.

Top concerns for New Orleans families

  • Louisiana forced heirship rules
  • Civil-law succession process
  • Usufruct rights for surviving spouses
  • Generational property + heirship affidavits

Louisiana state law

At a glance

New Orleans estate work is governed by Louisiana state law. Here's what every family should know.

Probate timeline
6–12 months typical

$2,500–$5,000 typical

Small estate
Under $125,000 succession

Small succession by affidavit (La. Civ. Code Ann. §3431)

Estate / inheritance tax
No estate tax

No inheritance tax

Spousal rights

Community property: surviving spouse owns 50% of community. Forced heirship for some descendants.

Common pitfalls

  • Louisiana succession law differs FUNDAMENTALLY from other states — civil law tradition
  • Forced heirship: cannot completely disinherit certain children (under 23 or disabled)
  • Out-of-state residents owning LA property face complex ancillary procedure

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Start with the checklist

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