Terms Used In Louisiana Constitution Art. 12 Sec. 5

  • Intestate: Dying without leaving a will.
  • Testate: To die leaving a will.

Section 5.(A)  The legislature shall provide by law for uniform procedures of successions and for the rights of heirs or legatees and for testate and intestate succession.  Except as provided in Paragraph (B) of this Section, forced heirship is abolished in this state.

(B)  The legislature shall provide for the classification of descendants, of the first degree, twenty-three years of age or younger as forced heirs.  The legislature may also classify as forced heirs descendants of any age who, because of mental incapacity or physical infirmity, are incapable of taking care of their persons or administering their estates.  The amount of the forced portion reserved to heirs and the grounds for disinherison shall also be provided by law.  Trusts may be authorized by law and the forced portion may be placed in trust.

Amended by Acts 1995, No. 1321, §1, approved Oct. 21, 1995, eff. Nov. 23, 1995.