Successions

A succession in Louisiana is the legal process for transferring a person’s property after they die to the people who inherit it.

It works by:

1. Identifying heirs – either named in a will (testate succession) or decided by Louisiana law if there’s no will (intestate succession).

2. Paying debts and expenses – like funeral costs, mortgages, or credit cards - before giving out property.

3. Transferring ownership – updating titles, deeds, and public records so heirs become the legal owners.

The process can be a regular succession through court or, for smaller estates, a small succession affidavit, which is faster and simpler. 

The difference comes down to whether there is a valid will: 

• Testate Succession: In a testate succession, the person left a valid will. The will says who inherits, what they receive, and should name an executor to handle the estate. The court follows the will, as long as it meets Louisiana's legal requirements for a valid will. For more information, see Wills. 
• Intestate Succession: In an intestate succession, there is no valid will. Louisiana's laws of intestacy (inheritance laws) decide who inherits and in what order. Usually, in Louisiana, children and a spouse inherit first, then other relatives. The court appoints someone to manage the estate. The property is divided according to the law, not personal wishes. For more information, see Dying Without A Will - Intestate Successions. 

Louisiana is a community property state. That means most property acquired during a marriage belongs equally to both spouses. 

When one spouse dies: 

• The surviving spouse keeps their half of the community property. 
• The deceased spouse's half goes through the succession process and is passed to heirs, either according to the will or Louisiana's intestate laws. 

Separate property (things owned before the marriage, inherited individually, or received as a gift) is not split in half - it goes entirely through the succession to the heirs. For more information, see Classifying Property: Community Property Versus Separate Property. 

Community property rules can affect who inherits, how much they receive, and whether the surviving spouse can keep using certain property, like the family home. 

It's best to start the succession process as soon as possible after someone dies, especially if: 

• Money or property needs to be accessed to pay funeral, medical, or household bills
• Property needs to be sold or transferred
• There's a risk of disputes between heirs 
• Deadlines for certain legal or financial actions are approaching

There's no set deadline for opening a succession, but delaying can cause problems such as issues with bank accounts, unpaid taxes, or complicated title issues with property. 

In Louisiana, you file a succession in the district court of the parish where the person lived at the time of their death. 

If the person lived in another state but owned property in Louisiana, you can file in the parish where the property is located. 

The rules for using a Small Succession Affidavit in Louisiana are in the Louisiana Code of Civil Procedure, Article 3431, and the sections that follow.

Under current law, you can use a small succession affidavit if:

• The estate’s gross value is $125,000 or less, or the person died more than 20 years ago

• All heirs agree on how the property should be divided

• The property is not involved in a dispute

Change in 2024: 

Before 2024, you could only use a small succession affidavit if the person did not have a will. Now, the law allows its use even if there is a will, as long as the will has been probated (formally recognized) or can be probated in Louisiana. 

A Louisiana succession can include most property and assets the person owned at the time of death, whether they are in Louisiana or elsewhere. The main categories are: 

1. Immovable Property (Real Estate) 
   • Homes, condominiums, and apartment buildings. 
   • Land, including vacant lots, farms, and commercial property.
2. Movable Property
   • Vehicles such as cars, boats, and RVs
   • Personal belongings (furniture, jewelry, electronics, art, collectibles)
   • Livestock or farm equipment 
3. Financial Assets 
   • Bank accounts, savings accounts, and certificates of deposit. 
   • Investment accounts, stocks, and bonds. 
   • Retirement accounts (401(k), IRA) - note: some pass directly to named beneficiaries and may not be subject to succession. 
4. Business Interests 
   • Ownership shares in a business, LLC, or corporation
   • Partnership interests 
5. Other Property Rights
   • Lease rights or rental income (including inherited leases)
   • Intellectual property rights (patents, copyrights, royalties)
   • Insurance payouts (if payable to the estate rather than a named beneficiary)

Note About Community Property

In Louisiana, if the property was acquired during marriage, only the deceased spouse's half goes through succession, and the surviving spouse keeps their half. For more information, see Classifying Property: Community versus Separate Property. 

Note About Out-of-State Property

If the deceased owned property outside Louisiana, it may require a separate probate process there, but Louisiana may still handle the deceased's Louisiana property. 

To find out if there's a will and what to do if there isn't one: 

1. Step 1: Look for the Will 
   • Check personal records: Search the person's home, safe, safe deposit box, or personal files. 
   • Ask close contacts: Family members, friends, or the person's lawyer may know if a will exists. 
   • Check with the Clerk of Court: Some parishes allow a will to be filed for safekeeping before death. Contact the Clerk of Court in the parish where the person lived. 
   • Louisiana Secretary of State Will Registry: It might be listed in the Will Registry Record. 
2. Step 2: If There is a Will
   • Confirm it's the original signed document (not just a copy). 
   • File it with the district court in the parish where the person lived. 
   • The court reviews the will to make sure it meets Louisiana's legal requirements (valid format, proper signatures, etc). 
   • The will controls who inherits and who is in charge of managing the estate (the "executor" or "personal representative"). 
   • For more information, see Wills. 
3. Step 3: If There is No Will 
   • The estate goes through intestate succession, i.e., Louisiana's inheritance laws decide who inherits and in what order. For more information, see Dying Without A Will: Intestate Successions. 
   • Usually, the estate passes first to children and a spouse, then to other relatives if no children exist. 
   • The court appoints someone to handle the estate. 
   • Special Louisiana rules, like usufruct (the right to use property for life), may apply to a surviving spouse. 

In Louisiana, if someone dies without a will, i.e., intestate succession, state law decides who inherits and in what order. For more information, see Dying Without a Will - Intestate Successions. 

Intestate laws are included in the Louisiana Civil Code, which includes special rules about community property and usufruct laws. For more information, see Community Property versus Separate Property. 

An ancillary succession occurs when someone lives in another state but owns property in Louisiana. The property still goes through a Louisiana succession process. 

Filing an ancillary succession is typically straightforward. However, executors do not always have the legal capacity to initiate proceedings in another state. You may consider contacting a Louisiana attorney experienced in successions. For more information, see Finding and Hiring a Lawyer. 

To start a succession, you usually need several key documents. The exact list can vary depending on whether the succession is a regular court process or a small succession affidavit, but generally, most cases require: 

1. Proof of Death: Certified death certificate for the person who died. 
2. Will (if there is one)
3. Court Filings
   • Petition for Possession, which asks the court to recognize the heirs and transfer property. 
   • Order/Judgment of Possession, which is the court's official document transferring ownership. 
4. Proof of Heirs 
   • Affidavit of Heirship, which lists heirs and their relationship to the person who died. 
   • Birth certificates, marriage certificates, or adoption papers if needed to prove relationships. 
5. Property and Asset Records
   • An inventory or descriptive list of property calculating the estate value, showing what the person owned and what it's worth. For more information, see Calculating Estate Value and How to Create A Descriptive List. 
   • Deeds, vehicle titles, bank statements, and other proof of ownership. 

When someone dies, their debts, mortgages, and loans don't just disappear. The estate must deal with them before anything is distributed to heirs. Here are a few key notes: 

• Creditors are paid before property is distributed to heirs. 
• The executor (or the person handling the estate) uses estate funds to pay debts like credit cards, personal loans, and medical bills. 
• A mortgage stays tied to the property. Heirs can: 
  • Keep the property and continue making mortgage payments 
  • Refinance the mortgage in their names 
  • Sell the property to pay off the loan
• Federal student loans are canceled when the borrower dies. 
• Private student loans may still need to be paid and could become a claim against the estate.
• Heirs do not generally use their own money to pay the deceased's debts. Only the estate's assets are used. 
• If the debts are larger than the estate's assets, creditors are paid in order of priority, and remaining unpaid debts are usually written off.  

Louisiana does not have a state inheritance tax. That means heirs do not pay a special Louisiana tax just for inheriting property. 

However, taxes can still come into play when inheriting property in Louisiana. This includes: 

• Federal estate taxes 
• Property taxes 
• Capital Gains taxes 

For more information, see Inheritance and Estate Transfer Taxes in Successions. 

You may consider consulting an estate attorney who may help you understand your tax responsibilities. For more information, see Finding and Hiring a Lawyer. 

If heirs disagree about how to divide property, the succession process can become a legal court dispute. Usually, if heirs can't agree: 

• The heir can ask the court to decide how to divide the property. 
• For physical property that can't be split (like a house or land), the court can order a partition by sale, where the property is sold and the proceeds are divided among the heirs. For more information, see Dividing Property Among Co-Owners: Partition Processes in Louisiana. 
• For items that can be divided (like furniture, vehicles, or multiple parcels of land), the court can approve a division plan. 

Note: Special Louisiana Rules about Dividing Property

• Usufruct Rights: A surviving spouse may have the right to use certain property (like the family home) for life or until remarriage, even if the heirs own it. 
• Forced Heirship: Certain children have a guaranteed share of the estate, which can limit how much other heirs receive. 

Here's a list of common mistakes to avoid when handling a succession in Louisiana: 

1. Waiting Too Long To Start
   • Delays can lead to frozen bank accounts, unpaid taxes, or property falling into disrepair. 
   • Starting early helps protect the estate's value and makes the process smoother. 
2. Not Locating or Filing the Will Properly 
   • ​​​​​​​​​​​​​​A will must be filed with the district court to be valid in the succession process. 
   • Using a copy without the original can cause legal delays. 
3. Ignoring Debts and Mortgages 
   • ​​​​​​​​​​​​​​All debts must be paid before distributing property. 
   • Overlooking debts can result in creditors suing the estate or heirs. 
4. Using the Wrong Process 
   • ​​​​​​​​​​​​​​Choosing a regular succession when a small succession affidavit can be used can waste time and money. 
   • Also, trying to use an affidavit when the estate doesn't qualify can get the filing rejected. 
5. Forgetting About Community Property Rules 
   • ​​​​​​​​​​​​​​Remember, Louisiana's rules about community property and separate property to ensure correct distributions. 
6. Not Updating Public Records 
   • ​​​​​​​After the court issues a Judgment of Possession, it must be recorded in the parish conveyance office and updated with the tax assessor. Skipping this step can cause title problems later. 
7. Overlooking Out-of-State Property
   • ​​​​​​​​​​​​​​Property outside of Louisiana may require a separate probate process. Ignoring this can leave heirs unable to claim or sell that property. 
8. Skipping Legal Help or Advice When Needed
   • ​​​​​​​Succession with disputes, unclear wills, or complex property titles can get complicated quickly. You may consider working with an attorney to avoid mistakes or issues. For more information, see Finding and Hiring a Lawyer. 

You should strongly consider getting an attorney for a succession when: 

1. The Estate is Complex
   • There are multiple properties, business interests, or out-of-state assets.
   • The estate includes mineral rights, large investments, or property with unclear titles. 
   • There are both community and separate property issues to sort out. 
2. There's a Dispute
   • Heirs disagree about who should inherit or how to divide property. 
   • Someone is challenging the will or claiming the will is invalid. 
   • There are questions about forced heirship rights or usufruct that could affect inheritance shares. 
3. The Will is Complicated or Questionable 
   • The will was made in another state or doesn't follow Louisiana law. 
   • There's uncertainty about whether the will is the original or a valid copy. 
   • The will contains unusual provisions or unclear instructions. 
4. The Estate Has Debt Problems 
   • The estate owes more than it owns. 
   • There are large or disputed debts that creditors might pursue. 
   • The estate includes mortgaged property, and heirs want to keep it. 
5. Out-of-State Factors
   • The person lived elsewhere but owned property in Louisiana (ancillary succession). 

For more information, see Finding and Hiring a Lawyer.