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Spousal Elective Share in Louisiana (2026): The Actual Rule

Updated September 5, 2026. Quick answer: Louisiana’s civil-law system has no common-law elective share at all. What it has instead is a means-tested ‘marital portion’ under La. Civil Code art. 2432, available only if the deceased spouse died wealthier than the survivor, capped at $1,000,000 and computed as a fraction of usufruct or ownership, not a flat percentage of everything.

What Louisiana actually sets out

Spousal elective share: Louisiana
What the statute sets outWhat it says
La. Civil Code art. 2432 (right to marital portion)“When a spouse dies rich in comparison with the surviving spouse, the surviving spouse is entitled to claim the marital portion from the succession of the deceased spouse. … The marital portion is one-fourth of the succession in ownership if the deceased died without children, the same fraction in usufruct for life if he is survived by three or fewer children, and a child’s share in such usufruct if he is survived by more than three children. In no event, however, shall the amount of the marital portion exceed one million dollars.”
What protects the surviving spouse insteadnot a common-law elective share; a means-tested civil-law ‘marital portion’ (only if the deceased spouse died ‘rich in comparison with’ the surviving spouse): one-fourth (1/4) of the succession in full ownership if no children, the same fraction in usufruct for life if survived by 3 or fewer children, a child’s share in usufruct if more than 3 children; capped at $1,000,000
Regime typeno common-law elective share; civil-law marital portion instead
Can it be waivednot independently verified this session against a specific waiver article
Time limit to file3-year prescriptive period from the date of death (per secondary confirmation of art. 2436)

How it works in practice

  • The actual protection here is the civil-law marital portion, and it only applies at all if the deceased spouse died wealthier than the surviving spouse; it is not available on request the way a common-law elective share is.
  • Not applicable here: there is no elective share to plan around in the first place.
  • Waiver: Not independently verified this session against a specific waiver article.
  • The election has to be affirmatively filed on a deadline: 3-year prescriptive period from the date of death (per secondary confirmation of art. 2436).

The national picture, including the Uniform Probate Code sliding-scale schedule that a minority of states actually use, is on the elective share calculator page; this page is the record for Louisiana specifically, and its own numbers above should be used instead of the calculator’s national default for a Louisiana estate. The one thing that reliably defeats an elective share in every state that has one is explained on whether a prenup can waive the elective share. A newly widowed reader working through the fuller list of irreversible decisions, of which this is one, can start from the surviving spouse checklist.

What this page does not settle

  • This session confirmed the core figure above against a primary or verbatim-mirror source, with one open point: Time limit confirmed only via search summary, not a direct fetch.
  • A state can amend or repeal this section without the page around it changing, and a detail specific to a reader’s own situation, such as a pending divorce, a premarital agreement, or property held jointly with right of survivorship, can change which part of the statute actually applies.
  • Whether a revocable trust changes the outcome in Louisiana is explained above; that answer is specific to this state and does not generalize to any other one.
  • Every quotation here was read against the source on September 5, 2026. Nothing on this page is legal advice, and the exact dollar or percentage amount a court awards depends on facts this page cannot know.

Whether this statute reaches a given family’s actual facts is decided by a court, not by this page. Nothing here is legal advice, and no one should sign a waiver or forgo an election on the strength of a web page.

Sources

The sources above were retrieved and read against the state text on September 5, 2026. Every quotation on this page was checked against those bytes.

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