Estate planning rules in Louisiana

Small successions

Louisiana small successions need not be opened judicially for a person domiciled in Louisiana who died intestate, or who died testate leaving no immovable property in Louisiana.

The small-succession affidavit must set forth the date of death and domicile, that the deceased died intestate, marital status and residence details including any surviving spouse, and the names and last known addresses of the heirs.

Intestate succession

Under Civil Code article 880, absent a valid testamentary disposition, the deceased's undisposed property devolves by operation of law to descendants, ascendants and collaterals, by blood or adoption, and to a spouse not judicially separated.

Payable-on-death accounts

Louisiana law lets a bank pay a deposit to named beneficiaries on the depositor's death if the account title says in trust for, as trustee for, or payable on death to, and beneficiaries are named in bank records.

The payable-on-death provisions apply even if the decedent designates a beneficiary in a will document. They do not prohibit any right of forced heirship or the collation or collection of funds.

Estate transfer tax

The Louisiana Department of Revenue says the estate transfer tax applies only if a state death tax credit is allowed against federal estate tax.

The tax is calculated using a ratio of federal gross estate assets attributable to Louisiana to the total federal gross estate, applied to the state death tax credit under Internal Revenue Code Section 2011.

Louisiana requires an estate transfer tax return whenever tax is due or the deceased's net estate reaches the statutory minimum.

Thresholds and rates change. Check the state's own current figures.