2.3 Types of Successions

Successions are either intestate or testate.1

An intestate succession occurs when the decedent has left no valid testament, in whole or in part, or the testament does not dispose of all of the decedent’s property.2  Testate successions occur when there is a valid testament.3  Intestate successors are called “heirs,” and testate successors are called “legatees.”4

When the succession is intestate, the Louisiana Civil Code determines who inherits the decedent’s estate. If the decedent died testate, the testament governs.

• 1La. C.C. arts. 873–876.
• 2La. C.C. arts. 875, 880, 1096.
• 3La. C.C. art. 874.
• 4La. C.C. art. 876. For ease of reading, this chapter will not always strictly adhere these terms of art and may refer to all those who receive property by succession as “heirs.”