Why Louisiana Succession Law Matters When Selling or Transferring Real Estate

When a property owner in Louisiana passes away, their real estate cannot simply be transferred, sold, or refinanced by their heirs without first completing a legal process known as a succession — Louisiana's term for what most other states call "probate." This requirement exists because Louisiana law does not automatically vest title in the heirs. Instead, a formal legal process is required to do so. This process involves identifying 1) the deceased and the heirs, 2) the property of the succession, and 3) who is legal entitled to the title of the property, all of which creates a public record title companies and mortgage lenders need before any transaction can close. Whether an estate involves a sprawling piece of rural acreage or a single-family home in New Orleans, the succession requirement applies, and skipping it typically means the property will sit frozen — unable to be sold, mortgaged, or conveyed — until the succession is properly opened and closed.

Key Take away: a property cannot be sold or mortgaged until a succession has been opened.

The two primary types of Louisiana successions are testate (with a will) and intestate (without one). In a testate succession, the decedent left a valid Louisiana testament that directs how their estate is distributed, and the executor named in the will administers the estate accordingly — though Louisiana's forced heirship laws may still entitle certain descendants to a protected "forced portion" regardless of what the will says. In an intestate succession, the decedent died without a valid will, and Louisiana's Civil Code governs who inherits: generally a surviving spouse and/or descendants, then ascendants and collateral relatives, in a specific order of priority. From a real estate standpoint, intestate successions are often more complicated because multiple heirs may inherit undivided fractional interests in the property, making every co-owner's cooperation necessary before any sale or transfer can proceed.

Key Take away: a succession will be either testate or intestate.

Not every Louisiana succession requires a judge and a courtroom. For smaller estates, heirs may be able to use a small succession affidavit — a simplified, out-of-court procedure available when the decedent's total Louisiana estate does not exceed $125,000 in value. Qualifying heirs sign a sworn affidavit that is recorded in the conveyance records of the parish where the property is located, which can then serve as evidence of their ownership rights without ever filing a formal court proceeding. For larger or more complex estates — or where disputes among heirs exist — a judicial succession filed in the district court of the parish where the decedent was domiciled (or where the property is located, for non-residents) is required. A Louisiana succession attorney can evaluate the estate's assets, debts, and family situation to determine which path applies and ensure that title to any real property is properly cleared for future transfer.

Key Take away: a succession, based on the value of the property may be completed by affidavit or court filing.

To learn more or to schedule a consultation, contact Joseph R. Marriott at joseph@qtsnola.com or by telephone at (504)835-7171.