Elective Share in Louisiana
State-specific overview · Estate & Probate
Louisiana's community property system limits elective share; surviving spouse retains community property and receives forced heirship rights instead.
How Louisiana treats Elective Share
Louisiana does not recognize an elective share in the traditional sense because it operates under a community property regime. The surviving spouse automatically owns one-half of community property acquired during the marriage. Additionally, Louisiana law grants forced heirship rights that protect the surviving spouse and children from complete disinheritance, ensuring they receive a statutory minimum portion of the succession. The surviving spouse's rights depend on whether children survive and the composition of separate versus community property.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Louisiana.