What to Do When Someone Dies in Louisiana
Reviewed by Everendium Editorial Team · Last reviewed August 18, 2026
Quick answer
Louisiana is the only U.S. state with a civil law system rather than common law, which means its inheritance rules genuinely differ from every other state — including 'forced heirship,' which generally prevents fully disinheriting certain children. Probate is called 'succession' in Louisiana, and the executor role is called a 'succession representative.'
Louisiana is genuinely unlike every other U.S. state when it comes to inheritance law — worth understanding if you’re handling an estate here.
Death certificates
Certified death certificates in Louisiana are issued through the Louisiana Department of Health Vital Records office. The funeral home typically handles ordering these on your behalf.
Why Louisiana is legally unique
Louisiana is the only U.S. state with a civil law legal system, rooted in French and Spanish legal traditions (via the Napoleonic Code), rather than the English common law system used in the other 49 states. This isn’t just a technicality — it shapes real, substantive differences in how inheritance works.
Forced heirship
Perhaps Louisiana’s most distinctive inheritance rule: forced heirship generally prevents a parent from fully disinheriting certain children — typically those under 24, or of any age if permanently disabled. These “forced heirs” are entitled to a minimum share of the estate, called the legitime, regardless of what a will states. This has essentially no equivalent in most other U.S. states and is genuinely important to understand if you’re planning an estate in Louisiana, or settling one involving children who may qualify.
Terminology: “succession,” not probate
Louisiana uses its own terminology: the process other states call probate is called a succession in Louisiana, and the person managing it is a succession representative, rather than an executor or administrator — functionally similar roles, but distinct terms.
Community property
Louisiana is also a community property state, similar to states like California and Texas, affecting how marital property is treated after a death.
Where to get help
Given how different Louisiana’s system is, working with a Louisiana-licensed attorney specifically experienced in succession law is particularly important here — general estate planning knowledge from other states doesn’t reliably transfer.
- Louisiana Department of Health for death certificate questions
- Louisiana State Bar Association for attorney referrals
Louisiana’s civil law system genuinely differs from other states. This is general educational information, not legal advice — please consult a Louisiana-licensed attorney for guidance specific to your situation.
Frequently asked questions
Why is Louisiana different from every other U.S. state?+
Louisiana is the only state with a civil law legal system, rooted in French and Spanish legal traditions, rather than the English common law system used everywhere else in the U.S. This affects terminology and substantive inheritance rules in ways genuinely unique to Louisiana.
What is 'forced heirship'?+
A distinctly Louisiana rule generally preventing a parent from fully disinheriting certain children — typically those under 24, or of any age if permanently disabled — who are entitled to a minimum share of the estate (called a 'legitime') regardless of what a will says. This has no real equivalent in most other states.
What is a 'succession' in Louisiana?+
Louisiana's term for what other states call probate — the legal process of settling an estate. The person managing it is called a 'succession representative' rather than an executor or administrator, though the role is functionally similar.
Is Louisiana a community property state?+
Yes — Louisiana is a community property state, similar to states like California and Texas, affecting how marital property is treated after a death.
Sources
Related glossary terms
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