Best Lawyers in Louisiana, United States for Trusts and Estates
Practice Area Overview
Louisiana's estate planning laws tend to be more complex than those in many other states. That’s because Louisiana doesn’t follow the common law system used across the rest of the country. Instead, it adheres to a civil law tradition derived from French and Spanish codes. That distinction carries big implications for how estates are planned, administered and contested.
Whether you’re planning for the future or handling the affairs of a deceased loved one, working with a knowledgeable Louisiana estate attorney is essential. These legal professionals don’t just draft documents—they guide families through some of life’s most complex and emotional transitions with care and clarity.
What Does an Estate Attorney Do?
Estate attorneys help clients protect assets, plan for incapacity and ensure that property is passed on according to their wishes. In Louisiana, they often start by preparing key legal documents like wills, trusts and powers of attorney. But their work goes far beyond paperwork.
A Louisiana estate planning attorney will consider how forced heirship rules might affect your distribution plan, whether community property needs to be addressed and how your estate may be taxed. If a loved one passes away, an estate lawyer can open a succession, help you get appointed as the executor (or succession representative) and walk you through collecting assets, paying debts and distributing inheritances.
They also help families minimize conflict—especially in situations where blended families, family businesses or high-value estates are involved.
Estate Planning in Louisiana: What You Need to Know
In most states, people either die with a will (testate) or without a will (intestate). If you die testate, your estate is distributed according to your instructions, with some exceptions. If you intestate, Louisiana law determines who inherits your property. That distribution follows a strict order of heirs. Spouses do not automatically inherit everything, especially when children or separate property are involved.
But Louisiana’s inheritance laws introduce additional complexities not found in most other states. In Louisiana, certain children cannot be disinherited. If your child is under 24 years old or has a permanent disability, they’re considered a forced heir and must receive a portion of your estate—even if you state otherwise in your will.
This legal protection doesn’t exist in most other states. There’s also the question of how assets are classified. Married couples in Louisiana share community property, which includes most earnings and property acquired during the marriage.
However, each spouse also has separate property—things they owned before marriage or received as a gift or inheritance. Estate planning must clearly address how both types of property are handled. Healthcare decisions are another important piece of the puzzle. A Louisiana living will, also called a Declaration of Life-Sustaining Procedures, allows you to state your preferences about life-prolonging treatments. A medical power of attorney (or healthcare directive) lets someone else make medical decisions for you if you can’t.
Successions and Probate in Louisiana
What most states call probate, Louisiana calls a succession. This is the legal process for transferring property after someone dies. Some successions are simple, while others involve court oversight and extensive paperwork.
A succession can be either independent or court-supervised. In an independent succession, the executor can take actions like selling property or paying debts without court permission. That can save time and money, but it requires that all heirs agree. If there’s disagreement or no will, the court will stay more involved.
The process typically includes:
- Filing a petition to open the succession
- Getting a court order to appoint a representative
- Collecting and inventorying assets
- Paying off debts and taxes
- Distributing what’s left to heirs
Because Louisiana’s laws are so different, many families find that hiring a Louisiana succession lawyer early in the process helps avoid delays and disputes.
Common Estate Planning Tools in Louisiana
A well-rounded estate plan often includes several documents, each with a different purpose. In Louisiana, the most common tools include:
- Wills: Your last will and testament outlines who inherits your property. It also names a guardian for minor children and an executor for your estate.
- Trusts: These legal arrangements can help manage assets during your lifetime and beyond. Revocable trusts offer flexibility, while irrevocable trusts may provide tax advantages. Special needs trusts are used to protect disabled beneficiaries without affecting their public benefits.
- Powers of Attorney: A financial power of attorney gives someone the authority to manage your money and property if you become incapacitated.
- Living Wills and Health Care Directives: These let you express medical preferences and name someone to speak on your behalf if you can’t.
- Lifetime Donations and Usufruct Arrangements: In some cases, you might transfer property during your lifetime but reserve the right to use it. Usufruct is a unique Louisiana concept that allows a surviving spouse to continue living in or using certain property until their death, even if it ultimately passes to someone else.
Choosing the Right Estate Attorney
Selecting a qualified estate lawyer in Louisiana means more than finding someone nearby. You need someone familiar with the state's distinctive laws, comfortable in both rural parishes and city courthouses and able to balance legal knowledge with empathy and discretion.
Look for attorneys with specific experience handling Louisiana succession law. It also helps to choose someone who understands how family dynamics, such as disputes between siblings or stepchildren, can affect estate administration.
And when evaluating options, peer-reviewed recognition—like listings on Best Lawyers—can provide meaningful reassurance. These listings are based on recommendations from other legal professionals, not marketing dollars.
When Should You Contact an Estate Lawyer?
It’s never too early to start thinking about your estate plan. Many people meet with a Louisiana estate planning attorney after major life milestones such as getting married, buying a home, starting a family or entering retirement.
Other times, the need is urgent. If a loved one has died, if you’ve been named an executor or if family members are disputing who gets what, you’ll want guidance right away. Louisiana’s legal deadlines can sneak up quickly, especially in contested successions.
You should also contact a lawyer if you suspect elder financial abuse, need to challenge the validity of a will or want to preserve assets from nursing home costs.
Find a Peer-Reviewed Louisiana Estate Attorney
Estate planning isn’t just about documents—it’s about peace of mind. And when the time comes to administer an estate, you want a professional who understands both the legal system and the human impact.
Louisiana’s civil law rules make things more complicated, but the right guidance can make all the difference. Whether you’re setting up a plan or responding to a death, you don’t have to go it alone.
Explore peer-reviewed Louisiana estate attorneys on Best Lawyers. These legal professionals have been recognized by their colleagues for their knowledge, professionalism and integrity—so you can move forward with confidence.
Family Law Legal Guide 2025
View Legal GuideSelect a city from the list below to find the best legal talent for your needs.
Cities
Our Methodology
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
The Process
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.