Detailed answer

This section explains how to determine who the lawful heirs are and who holds title to real property after a person dies in Louisiana. The instructions assume no prior legal knowledge and walk through practical steps, typical court processes, and where to look for records.

1. Check whether there is a will (testate) or not (intestate)

If the deceased left a valid will, the will usually names the persons who inherit. If there is no will, Louisiana’s succession rules govern who the heirs are. Louisiana’s succession rules are part of the Louisiana Civil Code (Book III, Successions). You can review the Civil Code online at the Louisiana Legislature website: https://legis.la.gov/.

2. Obtain the death certificate and basic documents

Order a certified death certificate from the state vital records office or the local registrar. You will need a death certificate to start many searches and to open any court succession proceedings. The Louisiana Department of Health provides information on how to request death certificates at their site.

3. Look for the will and estate planning records

Common places to find a will: the deceased’s home, safe-deposit box, attorney’s office, or among personal papers. If you suspect a safe-deposit box, the bank will have procedures for access after death. If an attorney prepared the will, the attorney may hold the original. If you find a will, you must file it in the appropriate district court to open a succession (probate) proceeding.

4. Search parish court succession records

In Louisiana, succession matters are handled in civil district court in the parish where the deceased lived or where property is located. Look for a recorded succession (sometimes called a probate) in the district court records. If someone already opened a succession, the court record will show the heirs, the inventory of property, and how title was transferred. Each parish clerk of court maintains these records; many parishes have online indexes. Search the clerk of court or district court website for the parish where the person lived or owned property.

5. Search property records and the parish assessor

To find who currently holds legal title to real estate, search the land records (conveyance records) and the assessor’s parcel records at the parish Clerk of Court/Recorder and the parish Assessor’s office. These public records show deeds, mortgages, and transfers. If a succession has closed and transferred title, you will see the recorded deed showing the new owner.

6. Determine if the succession was opened and how title was transferred

Common ways title passes in Louisiana:

• Under a valid will (testate succession): the will’s dispositions are carried out by the executor or testamentary representative after judicial recognition.
• Intestate succession (no will): Louisiana law sets the order of heirs (spouse, children, descendants, parents, siblings, etc.). The court appoints an administrator and the estate is distributed under Civil Code succession rules.
• Transfer by affidavit or small succession procedures: for small estates, Louisiana provides simplified procedures to transfer certain property without a full succession proceeding (check parish limits and rules).
• Forced heirship: Louisiana law has rules protecting certain children (forced heirs). That may limit how much the deceased could leave by will.

Because Louisiana uses community-property rules and has forced heirship doctrines that differ from other states, the identity and share of heirs can depend on whether the deceased was married and on the types of property (separate vs. community). See Louisiana Civil Code – Successions for the governing rules: https://legis.la.gov/.

7. If you cannot find any records, consider initiating a succession action

If no one has opened a succession and the property still shows the deceased as owner, any interested person (an heir or creditor) can petition the district court to open a succession. The court will identify heirs (through notice and publication if necessary), inventory the estate, and transfer title. The local parish district court clerk can explain filing procedures and required documents.

8. When property is titled in a business or trust

If the property is owned by an LLC, corporation, or trust, search the Secretary of State’s records for business ownership information: https://www.sos.la.gov/. For trusts, the trust instrument typically controls distribution and may avoid succession court; sometimes a trustee will handle transfers.

9. Practical title-search steps

1. Get the legal description and parcel/tax ID from the assessor.
2. Search recorded deeds back several decades to see chains of title.
3. Look for recorded succession judgments, affidavits of heirship, or transfer deeds referencing a succession.
4. Check for mortgages and liens; unpaid debts can affect estate administration.

10. When to hire a lawyer or title company

Hire a Louisiana succession or real estate attorney if:

• Heirs dispute who inherits.
• The title search reveals defects or competing claims.
• Forced heirship, community-property questions, or substantial assets exist.
• You need the court to open a succession or supervise distribution.

A title company can run a professional title search and may issue title insurance once the succession deed or other proof of valid transfer is recorded.

11. Time limits and deadlines

There are deadlines for certain creditor claims and for contesting successions. The district court rules and Louisiana Civil Code contain timing rules for beginning claims and for notice. If you suspect claims or challenges, contact an attorney promptly to protect rights.

Helpful Hints

• Start by collecting documents: death certificate, deed records, mortgage statements, tax bills, bank statements, and any file labeled “will” or “estate.”
• Visit the parish Clerk of Court/Recorder and Assessor websites where the property is located. Many parishes provide searchable online indexes.
• Search online obituaries and funeral notices for next-of-kin clues and for attorneys who may have arranged services.
• If you find a will, file it with the district court in the proper parish quickly. The court docket will show whether a succession has been opened and who the appointed representative is.
• If the deceased owned property in more than one parish, successions may need to be opened where each property is located or ancillary procedures may apply.
• When in doubt, ask the parish clerk of court how to view succession dockets and recorded deeds; clerks can point you to online indexes or explain how to request certified copies.
• Expect delays: locating heirs, appraising assets, paying debts, and resolving disputes can take months to over a year depending on complexity.
• Keep clear records of communications and copies of filings in case heirs dispute later.

Where to find authoritative Louisiana statutory information

Primary statutory guidance about succession and who inherits is in the Louisiana Civil Code (Book III—Successions). You can search and read the Civil Code on the Louisiana Legislature website: https://legis.la.gov/. For business ownership records (if property is held in an entity), consult the Louisiana Secretary of State: https://www.sos.la.gov/.

Next practical steps

1. Order the death certificate.
2. Search for a will among the deceased’s papers or with their attorney or bank.
3. Search parish recorder and assessor records for deeds and current ownership.
4. Search district court succession dockets in the parish of residence or property location.
5. If needed, consult a Louisiana succession attorney to open a succession or resolve disputes.