In a Louisiana succession, the distribution of assets depends on whether the succession is testate or intestate.
In a testate succession, the decedent's property is distributed according to the terms of their valid will. The will may specify which assets go to which beneficiaries, or it may provide for a general distribution of the estate. The executor named in the will is responsible for carrying out the decedent's wishes and distributing the assets accordingly.
In an intestate succession, the decedent's property is distributed according to the rules of intestate succession set forth in the Louisiana Civil Code. The rules provide for a default scheme of distribution based on the relationship of the surviving heirs to the decedent. Generally, the decedent's surviving spouse and children are entitled to a share of the estate, with the exact distribution depending on the number of surviving heirs and other factors. If the decedent has no surviving spouse or children, the estate may pass to other relatives or, in some cases, to the state.
It is important to note that Louisiana law recognizes the concept of community property, which can affect the distribution of assets in a succession. Community property is property acquired during the marriage that is owned jointly by both spouses. In a succession, community property is generally divided equally between the surviving spouse and the decedent's heirs