Louisiana

At a Glance

Required Contents of a Death Certificate

Louisiana law mandates specific information to be included on a death certificate. This ensures accurate record-keeping and legal validity. The certificate must contain, at a minimum, the full name of the decedent, social security number (if obtainable), sex, race, ethnicity, conjugal status (including spouse's name if married), age, occupation, place of residence, date and place of birth, names and birthplaces of parents, place of death, and informant's details. (La. R.S. § 40:34.10)

Medical Certification and Filing

The physician who attended the deceased completes and signs the medical certification within 24 hours after death, stating the cause of death. If no physician was in attendance, the parish coroner signs the certificate. The local registrar then files the certificate, noting the date and registered number. (La. R.S. § 40:34.10)

Disposition Information

The death certificate also includes details regarding the disposition of the remains, such as the date and place of burial, cremation, or removal. The undertaker or person acting as such must sign and provide their address on the statement of facts related to the disposition. (La. R.S. § 40:34.10)

How do I get a death certificate in Louisiana?

Order certified copies from Louisiana's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

At a Glance

Understanding Succession in Louisiana

In Louisiana, the legal process for transferring a deceased person's property to their heirs is known as 'succession,' which is equivalent to probate in other states. This process involves settling the estate and distributing property after debts are paid. Not all property goes through succession; assets with beneficiary designations, such as IRAs, 401(k)s, and life insurance policies, typically pass outside of succession.

Intestate Succession: Dying Without a Will

If a person dies without a will (intestate) in Louisiana, the distribution of their property depends on whether it is community property or separate property, and the relationship of the survivors to the deceased. For community property, the surviving spouse typically receives a usufruct (right to use and income) over the deceased's half until death or remarriage, with children receiving naked ownership. Separate property generally goes to children first, then the surviving spouse, then siblings. (La. Civ. Code arts. 880–902)

Small Succession Affidavits

Louisiana law provides a simplified process for small estates through a 'Small Succession Affidavit.' This allows heirs to transfer certain property without a full court proceeding if the total estate value does not exceed $125,000. This affidavit can be used by the surviving spouse and adult heirs under specific conditions. (La. Code Civ. Proc. arts. 3421–3434)

Forced Heirs in Louisiana

Louisiana law includes the concept of 'forced heirs,' which are children under the age of 24, or children of any age who are permanently incapable of caring for themselves due to mental or physical infirmity. Forced heirs are entitled to a portion of the estate, known as the 'forced portion,' even if the deceased's will attempts to leave all property to others. (La. Civ. Code art. 1493)

What is the small-estate limit in Louisiana?

$125,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Louisiana?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Louisiana allow transfer-on-death deeds?

No. Louisiana has no transfer-on-death deed statute. No TOD deed, and Louisiana's civil law means the usual workarounds differ too; joint ownership does not carry survivorship here by default, so a living trust (or usufruct planning in a will) does this job, ideally drafted by a Louisiana notary or attorney.

Source: legislative record ↗

Die without a will in Louisiana and this law picks your heirs.

If you die intestate (without a valid will) in Louisiana, La. Civ. Code arts. 880–902 (community property: arts. 888–890; separate property: arts. 891–896; escheat: art. 902) decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): decedent's half of the community outright; separate property only if no siblings survive
• –Spouse + parents (no descendants): community half outright; separate property goes to siblings or parents, not the spouse
• –Spouse + joint descendants: children own the community half, spouse keeps a usufruct until death or remarriage
• –Spouse + blended family: same usufruct, but children from outside the marriage can demand security
• –Source: La. Civ. Code arts. 880–902

Children's shares.

The children inherit everything in equal shares, and a dead child's descendants take that child's share by roots.

No spouse, no children: the line of succession.

With no spouse or descendants, siblings take (subject to a usufruct for surviving parents), then parents alone, then grandparents and other ascendants, then the nearest collateral relatives; with no blood relations, adopted relations, or spouse, the estate belongs to the state (art. 902).

At a Glance

Types of Advance Directives

Louisiana recognizes three main types of advance directives: Living Wills (Declarations), Health Care Powers of Attorney (HCPOA), and LaPOST (Louisiana Physician Orders for Scope of Treatment). These documents allow individuals to make decisions about their medical care in advance, should they become unable to communicate their wishes.

Living Will Requirements

A Living Will is a written declaration directing a physician to withhold or withdraw life-sustaining procedures if the individual is diagnosed with a terminal and irreversible condition. To be valid, it must be signed by an adult (18 or older) in the presence of two competent adult witnesses. These witnesses cannot be related by blood or marriage, nor can they be beneficiaries of the individual's estate. Notarization is not required. (La. R.S. §§ 40:1151–1151.4)

Health Care Power of Attorney (HCPOA)

An HCPOA is a legal document where an individual (the principal) authorizes another person (the agent) to make healthcare decisions on their behalf if they become incapacitated. The document can specify desired or refused treatments, including life-sustaining procedures, and becomes effective upon the principal's incapacity. (La. R.S. § 40:1159.4)

Decision-Making Hierarchy Without an Advance Directive

If an individual does not have an advance directive and becomes unable to make medical decisions, Louisiana law establishes a hierarchy for surrogate decision-makers. The order of priority is: spouse (if not judicially separated), adult child, parent, sibling, and then other ascendants or descendants. If multiple individuals are in the same class, a majority decision is required. (La. R.S. §§40:1151.4 and 1159.4)

Where do I get Louisiana's advance directive form?

The controlling law is La. R.S. §§ 40:1151–1151.4 (declarations concerning life-sustaining procedures); La. R.S. § 40:1159.4 (medical consent), linked as this section's source. Most people use the free statutory form: Louisiana's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Louisiana require a notary or witnesses for an advance directive?

Louisiana requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

No Mandatory Waiting Period for Cremation

Louisiana law does not specify a fixed 'waiting period' before cremation. The actual time frame is determined by the completion of necessary documentation, such as the death certificate and burial-transit permit, and any required coroner clearance. A death certificate must be filed within five days of death and before disposition. (La. R.S. 40:47)

Required Permits and Authorization

A burial-transit permit, issued by a local registrar, is required before any cremation or other disposition can occur. Additionally, a formal 'Cremation Authorization Form' is necessary, detailing the identity of the deceased, time of death, funeral director information, and the authorizing agent's details. This form must be signed in specific ways, including being witnessed by the funeral director, notarized, or executed before two witnesses. (La. R.S. 40:52, La. R.S. 37:877)

Who Can Authorize Cremation

The authority to authorize cremation follows a specific hierarchy. First, the deceased's written instructions in a notarial testament or notarized declaration are honored. If no such instructions exist, authorization typically falls to the surviving spouse, followed by a majority of adult children, then adult grandchildren, parents, adult siblings, and finally, the next degree of kindred. Disputes among relatives can delay the process, often requiring a court order. (La. R.S. 37:876, La. R.S. 8:655)

Body Handling Requirements

If burial or cremation does not occur within 30 hours of death, Louisiana law requires the body to be either embalmed or continuously refrigerated to prevent decomposition. (La. R.S. 37:848)

At a Glance

No State Inheritance Tax

Louisiana does not impose an inheritance tax. The state's inheritance tax was repealed effective July 1, 2008, for any deaths occurring on or after that date. Therefore, heirs in Louisiana do not pay a state-level tax on the assets they inherit. (Louisiana Department of Revenue)

No State Estate Transfer Tax Since 2004

While Louisiana previously had an estate transfer tax designed to capture a portion of the federal estate tax credit for state death taxes, this tax is no longer applicable. Due to changes in federal law that phased out and eliminated the federal state death tax credit, Louisiana's estate transfer tax is not due for deaths occurring after December 31, 2004. (Louisiana Department of Revenue)

Federal Estate Tax Still Applies

Despite the absence of state-level estate or inheritance taxes, residents of Louisiana may still be subject to the federal estate tax. This applies to estates that exceed the federal exemption threshold, which is adjusted periodically. Individuals with large estates should consult with an estate planning attorney regarding federal tax implications.

Does Louisiana have an estate tax?

No. Louisiana has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Louisiana have an inheritance tax?

No. Louisiana does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as an Organ Donor

Individuals in Louisiana can register their decision to be an organ donor through several convenient methods: at the Office of Motor Vehicles (OMV) or Public Tag Agency when obtaining a driver's license or ID card, through the Louisiana Donor Registry website, or via the LA Wallet App. It is highly recommended to inform family members of this decision to ensure wishes are honored. (LOPA)

Key Facts About Organ Donation

Organ donation only occurs after all medical efforts to save a life have been exhausted and death has been declared. There are no costs associated with donation passed to the donor's family, and donation does not disfigure the body, allowing for open-casket funerals. Anyone can be a potential donor regardless of age, race, or medical history, and most major religions support donation as an act of generosity. (LOPA)

Legal Framework: Uniform Anatomical Gift Act

Louisiana has adopted its own version of the Uniform Anatomical Gift Act (UAGA), which provides the legal framework for organ, eye, and tissue donation. This act ensures that a donor's wishes are legally recognized and outlines the rules for making anatomical gifts, including for medical study. State law specifies that organ procurement can only begin after death has been declared and must not be the cause of death. (La. R.S. 40:1061.25)