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State rules · Louisiana

Louisiana: estate, probate and Medicaid rules in one place

What applies in Louisiana, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Louisiana have a state estate tax?

State estate tax: No. The pinned estate-tax dataset (2026.v2) has no row for Louisiana, so it cites no state statute; the state page records no state estate or inheritance tax.

Does Louisiana have an inheritance tax?

Inheritance tax: No. The pinned estate-tax dataset (2026.v2) has no row for Louisiana, so it cites no state statute; the state page records no state estate or inheritance tax.

Can you use a transfer-on-death deed in Louisiana?

Transfer-on-death deed for real estate: None — not available (civil-law state). No transfer-on-death deed — Louisiana has not adopted the Act; verify options with a Louisiana notary or the parish recorder

What is the Medicaid look-back period in Louisiana?

Look-back period: 60 months before application, plus transfers after application (Louisiana Medicaid Eligibility Manual section I-1670; Reissued October 21, 2025; divisor applies to applications filed on or after September 1, 2024).

Does Louisiana tax Social Security benefits?

Social Security benefits: Exempt (revenue.louisiana.gov).

State estate tax

Estate-tax dataset 2026.v2

State estate tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Louisiana, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Louisiana, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
None — not available (civil-law state)Not primary-verified

No transfer-on-death deed — Louisiana has not adopted the Act; verify options with a Louisiana notary or the parish recorder

· Checked July 26, 2026

Controlling statute
Not primary-verified

No transfer-on-death deed — Louisiana has not adopted the Act; verify options with a Louisiana notary or the parish recorder

· Checked July 26, 2026

Small-estate procedure

Current rule
$125,000 gross succession, or any value when death was at least 20 years earlier; small-succession affidavitVerified

Source: La. Code Civ. Proc. art. 3421 · Effective: 2024 · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

LTC and HCBS special income limit for one applicant
$2,982 per monthVerified
  • Applies to: individual applicant.

Source: Louisiana Medicaid Eligibility Manual chart Z-700 · Effective: Reissued January 7, 2026; 2026 standards effective January 1, 2026 · Checked November 14, 2026

LTC and HCBS special income limit when both spouses receive services
$5,964 per monthVerified
  • Applies to: institutional couple when both spouses receive long-term-care services.

Source: Louisiana Medicaid Eligibility Manual chart Z-700 · Effective: Reissued January 7, 2026; 2026 standards effective January 1, 2026 · Checked November 14, 2026

LTC and HCBS resource limit for one applicant
$2,000Verified
  • Applies to: individual applicant.

Source: Louisiana Medicaid Eligibility Manual chart Z-700 · Effective: Reissued January 7, 2026; 2026 standards effective January 1, 2026 · Checked November 14, 2026

LTC and HCBS resource limit when both spouses receive services
$3,000Verified
  • Applies to: institutional couple when both spouses receive services; community-spouse rules apply in a one-spouse setting.

Source: Louisiana Medicaid Eligibility Manual chart Z-700 · Effective: Reissued January 7, 2026; 2026 standards effective January 1, 2026 · Checked November 14, 2026

Minimum community-spouse resource allowance
Not yet verified
  • Applies to: institutionalized applicant with a community spouse.

The reviewed primary material did not provide a current, effective-dated value or rule for this cell.

· Checked November 14, 2026 · Ask the state agency

Community-spouse resource standard
$162,660Verified
  • Applies to: admissions July 1 through December 31, 2026 with a community spouse.

Source: Louisiana Medicaid Eligibility Manual chart Z-800 · Effective: Issued May 6, 2026; July standards effective July 1 through December 31, 2026 · Checked November 14, 2026

Community-spouse monthly maintenance-needs allowance
Not yet verified
  • Applies to: institutionalized applicant with a community spouse; January 1 through December 31, 2026.

The reviewed primary material did not provide a current, effective-dated value or rule for this cell.

· Checked November 14, 2026 · Ask the state agency

Home-equity limit
$752,000 for 2026Verified
  • Applies to: applicant subject to Louisiana's substantial-home-equity rule.

Source: Louisiana Medicaid Eligibility Manual chart Z-2300, Home Equity Limits by Year · Effective: Issued December 2, 2025; year 2026 · Checked November 14, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 months before application, plus transfers after applicationVerified

Source: Louisiana Medicaid Eligibility Manual section I-1670 · Effective: Reissued October 21, 2025; divisor applies to applications filed on or after September 1, 2024 · Checked September 5, 2026

Transfer-penalty divisor
$7,200 per month or $236.71 per dayVerified

Source: Louisiana Medicaid Eligibility Manual section I-1670 · Effective: Reissued October 21, 2025; divisor applies to applications filed on or after September 1, 2024 · Checked September 5, 2026

How the state administers the penalty
Louisiana aggregates uncompensated transfers and calculates whole and partial penalty months with its published monthly and daily values. The review baseline is when the person is institutionalized or otherwise meets the specified HCBS eligibility conditions.Verified

Source: Louisiana Medicaid Eligibility Manual section I-1670 · Effective: Reissued October 21, 2025; divisor applies to applications filed on or after September 1, 2024 · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
Louisiana seeks only federally mandated recovery from succession estates. The department's claim is a privilege on the succession estate with priority equivalent to an expense of last illness.Verified

Source: Louisiana Revised Statutes § 46:153.4 · Also: Louisiana Legislature 2018 Regular Session effective-date table · Effective: Acts 2018, No. 206, § 5; effective August 1, 2018 · Checked September 5, 2026

Controlling authority
Louisiana Revised Statutes § 46:153.4 requires the estate-recovery program and limits it to recovery mandated by 42 U.S.C. § 1396p.Verified

Source: Louisiana Revised Statutes § 46:153.4 · Also: Louisiana Legislature 2018 Regular Session effective-date table · Effective: Acts 2018, No. 206, § 5; effective August 1, 2018 · Checked September 5, 2026

Exemptions and deferrals
Louisiana does not institute recovery against the first $15,000 or one-half the parish median homestead value, whichever is greater. Recovery may also be reduced for reasonable and necessary homestead-maintenance expenses paid by heirs after long-term-care admission.Verified

Source: Louisiana Revised Statutes § 46:153.4 · Also: Louisiana Legislature 2018 Regular Session effective-date table · Effective: Acts 2018, No. 206, § 5; effective August 1, 2018 · Checked September 5, 2026

Hardship waiver
The department must refrain from recovery for undue hardship. The statute protects an heir whose family income is no more than 300% of the applicable federal poverty guideline, and the agency manual also provides review for a sole income-producing asset, threatened dependence on public assistance, and other compelling circumstances.Verified

Source: Louisiana Revised Statutes § 46:153.4 · Also: Louisiana Legislature 2018 Regular Session effective-date table · Also: Louisiana Medicaid Eligibility Manual section U-0000 · Effective: Acts 2018, No. 206, § 5; effective August 1, 2018 · Checked September 5, 2026

Lien practice
Louisiana's Medicaid State Plan authorizes TEFRA liens against real property of permanently institutionalized members and liens against real and personal property after death, in addition to liens for incorrectly paid benefits.Verified

Source: Louisiana Medicaid State Plan section 4.17 · Effective: TN 02-11 approved July 22, 2004; effective July 1, 2004 · Checked September 5, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
ExemptVerified
  • Louisiana excludes Social Security benefits.

Source: revenue.louisiana.gov · Checked August 15, 2026

Public pensions
Pending

Primary-source classification has not yet been completed for this income type.

Private pensions
Pending

Primary-source classification has not yet been completed for this income type.

IRA and 401(k) distributions
Pending

Primary-source classification has not yet been completed for this income type.

Military retirement pay
Pending

Primary-source classification has not yet been completed for this income type.

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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