Death & Survivor Benefits

Louisiana Surviving Spouse Exemption Transfer, On the November 2026 Ballot

Not law yet. Act 39 of 2026 goes to Louisiana voters on November 3, 2026. If it passes it drops the occupy-and-own condition for surviving spouses and adds a one-time transfer to a new home from January 1, 2027.

Also called: Act 39, SB 180, constitutional amendment, November 3 2026, surviving spouse, transfer exemption, one-time transfer, 21(K)(1)(d), pending, not yet law.

For: Survivor.

Where it applies

Written for the jurisdictions listed here.

This entry exists so that nobody acts on this as though it were already law. It is a proposed amendment to the Louisiana Constitution, and Louisiana voters decide it at the statewide election on November 3, 2026. If they reject it, nothing below happens. The measure is Act 39 of the 2026 Regular Session, from Senate Bill 180 by Senator Foil. It amends Article VII, Section 21(K)(1), the disabled veteran property tax exemption. If ratified it becomes effective January 1, 2027 and applies to taxable years beginning January 1, 2027. The ballot proposition reads: do you support an amendment authorizing the surviving spouse of a deceased veteran with a service-connected disability, who receives an expanded property tax exemption, to make a one-time transfer of the exemption to a subsequent property that qualifies as their homestead? It does two things, and most accounts mention only the second. First, it removes the condition that the surviving spouse "occupies and remains the owner of the property." Under current law that clause sits in all three rating tiers, and it is what forces a spouse to stay put. The ratified text drops it, leaving the spouse eligible "whether or not the exemption was in effect on the property prior to the death of the veteran." Second, it adds a new subsubparagraph (d). Once a surviving spouse of a deceased veteran with a service-connected disability is eligible for and has taken the exemption, and then acquires a different property that qualifies for the homestead exemption, the spouse is entitled to a one-time transfer of the exemption to that subsequent homestead. The transferred exemption is limited in value to the amount claimed on the prior homestead in the last year it was claimed, and the assessor may require information about that prior amount. Three limits matter for planning. The transfer is one-time, so a spouse who moves twice carries the exemption only to the first new home. The value is frozen at the prior home's last-claimed amount rather than recalculated for the new home, which matters most on the 100 percent tier where the old exemption covered an entire assessed value. And the whole thing depends on the November 3, 2026 vote. The Louisiana Department of Veterans Affairs described this measure in its July 16, 2026 legislative summary as allowing a surviving spouse to relocate without losing the enhanced homestead exemption. That is the effect, and the department was careful to say the measure goes before voters. Secondary guides are less careful, and this is exactly the shape of provision that gets reported as current law a year early. A surviving spouse considering a move before January 1, 2027 should know that under current law the exemption is tied to occupying and owning that specific property, so selling ends it.

Thresholds

Thresholds for Louisiana Surviving Spouse Exemption Transfer, On the November 2026 Ballot
GateRule
Not law: statewide vote on November 3, 2026This is a proposed constitutional amendment, Act 39 of the 2026 Regular Session, submitted to Louisiana voters at the statewide election on November 3, 2026. Nothing in it is in force unless and until it is ratified. No disability rating governs this entry, so the rating filter never hides it.
Effective January 1, 2027 if ratifiedOn ratification the amendment becomes effective January 1, 2027 and applies to taxable years beginning January 1, 2027. It does not reach the 2026 assessment year.
One transfer, capped at the prior home’s last claimed amountThe transfer is available once. The exemption on the new homestead is limited in value to the amount of the exemption claimed on the prior homestead in the last year for which it was claimed, which can be materially less than a fresh exemption on the new property.

Sources

Legislation

Law the tracker is watching for this entry. See the legislation tracker for every jurisdiction.

Act 39 Proposed amendment dropping the occupy-and-own condition for surviving spouses

Watching a later dateAwaiting a voteScope changed

2026 Regular Session, SB 180Would take effect

  1. Introduced Done, , step 1 of 7
  2. In committee Done, , step 2 of 7
  3. Passed one chamber Done, , step 3 of 7
  4. Passed the legislature Done, , step 4 of 7
  5. On the ballot Done, , step 5 of 7
  6. Approved by voters Next, step 6 of 7
  7. In effect Not yet, step 7 of 7

Expands benefits Would let the surviving spouse of a disabled veteran keep the expanded homestead exemption without the occupy-and-own condition and move it once to a new home.

Not law. The measure goes to Louisiana voters at the statewide election on November 3, 2026. If it is ratified it drops the occupy-and-own condition for a surviving spouse and adds a one-time transfer to a new home, effective January 1, 2027 for taxable years beginning that day. Nothing in it is in force unless and until the vote passes.

Sponsor

  • Franklin J. FoilRepublican, Senate, District 16

Touches La. Const. art. VII, § 21(K)(1)

Official record

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.