Ok. If my two brothers and I are co-owners subject to usufruct of property and one brother dies, does his share pass automatically to us or ...

Question

Ok. If my two brothers and I are co-owners subject to usufruct of property and one brother dies, does his share pass automatically to us or does it have to go through probate first?

Answer

If he has a will, his ownership goes to whoever he names in his will.

If he dies without a will, it passes under Louisiana laws of intestacy, and that depends on who his legal heris are.

Either way, it would have to go through probate.

To avoid that, he could sell his interest to his siblings.