Detailed Answer

When a spouse dies in Louisiana, transferring title to real property so that a child becomes the owner usually requires handling succession (Louisiana’s term for probate) and recording an appropriate deed at the parish recorder or clerk of court. The exact steps depend on how the deed was titled, the marital property regime (community vs. separate property), whether the decedent left a will, and whether the surviving spouse has any legal rights such as a usufruct.

Step 1 — Identify how the property is titled and whether a will exists

Find the current deed. Common possibilities:

• Title in the decedent’s sole name (most common). Ownership passes by succession to heirs.
• Title held jointly with right of survivorship (rare in Louisiana unless expressly stated). If a valid survivorship arrangement exists, the surviving co-owner may become sole owner automatically.
• Community property or separate property — the surviving spouse’s share and the decedent’s share may move differently.

Also locate any will. A will controls succession distribution if it is valid and admitted to probate.

Step 2 — Understand Louisiana succession basics

Under Louisiana law, heirs and rights of a surviving spouse depend on the decedent’s family and property regime. For example, if children survive the decedent, the children generally inherit the decedent’s thing(s) in full ownership, but the surviving spouse often receives a legal usufruct (the right to use and get income from the property) over a portion or all of the estate. That means the children may obtain naked ownership while the surviving spouse holds the usufruct during his or her lifetime, unless the spouse renounces or the parties agree otherwise.

For more on succession law in Louisiana, see the Louisiana laws on succession at the state legislature website: https://legis.la.gov/Legis/LawSearch.aspx (search “succession” or “Civil Code — Successions” for the relevant articles).

Step 3 — Open the succession or use available summary procedures

In most cases you must open a succession proceeding in the parish where the decedent lived or where the immovable is located. The proceeding identifies heirs, inventories assets, settles debts, and issues the judgment or act that allows transfer of title. Depending on the estate size and complexity, options include:

• Formal succession administration (court-supervised).
• Voluntary or simplified procedures for small or uncontested estates (parishes may offer streamlined handling or an affidavit procedure for very small estates; check local rules).

To start, file a petition to open succession with the appropriate parish court and provide the death certificate, the original will (if any), and the original deed or description of the immovable.

Step 4 — Obtain the document that allows transfer

After the court (or the applicable administrative procedure) identifies heirs, it will issue one of these depending on the path chosen:

• A judgment of possession or an order closing succession that distributes the property to heirs; or
• An affidavit or act of possession/renunciation in cases where the law or local practice allows transfer without full administration.

This document is what you will reference in the new deed to show the heirs’ title route.

Step 5 — Prepare the new deed (act of sale, donation, or partition depending on situation)

Have a Louisiana notary or attorney prepare the proper notarial act to transfer the immovable into the child’s name. The form depends on what the succession judgment or parties authorize:

• If the succession distributes full ownership to the child, the deed will convey the estate interest to the child.
• If the surviving spouse retains a usufruct, the deed or act should describe the naked owner vs. usufruct interests, unless the spouse renounces the usufruct in writing (which they can do) or the heirs and spouse execute an agreement to transfer full ownership.
• If the child and other heirs divide multiple assets, a partition agreement or act of partition may be required.

Step 6 — Notarize and record the deed

Louisiana uses notarial acts for many immovable transfers. The deed must be executed before a Louisiana notary public (or accepted form) and then recorded at the parish clerk of court or recorder’s office where the immovable is located. Recording protects the buyer’s (new owner’s) title against later claims.

When recording, bring or reference:

• The succession judgment, order, or affidavit that authorizes transfer;
• Death certificate;
• The original deed or legal description of the immovable;
• Properly notarized transfer deed signed by the transferring parties (or heirs);
• Payment for recording fees, and any applicable taxes, fees, or notary charges.

Step 7 — Clear mortgages, liens, and update tax and assessment records

Record the new deed does not automatically clear mortgages or liens. Any mortgage, tax lien, or judgment against the property must be resolved or otherwise addressed in the succession. Lenders normally need payoff or lender consent.

After recording, update parish tax assessment and homeowner records to reflect the new owner and to ensure bills and exemptions are sent to the right person.

Situations where the child may already be the owner

If a prior document created a survivorship interest naming the child (for example, a valid survivorship instrument or joint ownership with explicit survivorship language), the child may become owner automatically on death. Even then, the child usually records an affidavit or certified copy of the death certificate and a declaration of survivorship or other proof to the clerk to obtain a recorded deed showing current ownership.

When a quick transfer is possible

Small and uncontested estates can sometimes use summary procedures to get an order, affidavit, or notarial act that permits recording without lengthy court administration. Each parish has specific forms and thresholds. Contact the parish clerk of court for exact local rules.

Key Louisiana law references

Louisiana’s rules on succession are in the Civil Code (see provisions on succession and usufruct). For authoritative text, search the Louisiana Legislature’s law pages for “successions,” “usufruct,” and related Civil Code articles: https://legis.la.gov/Legis/LawSearch.aspx. For local recording rules and fees, consult the parish clerk/recorder where the property sits.

Helpful Hints

• Get the certified death certificate early. Recorders and courts require it.
• Locate the original deed and any mortgage documents before starting succession.
• Determine the marital regime (community vs. separate property). That affects what the surviving spouse may keep.
• If the surviving spouse has a usufruct, understand that the child may hold naked ownership while the spouse retains use rights; transfer of full ownership typically requires the spouse’s renunciation or agreement.
• Contact the parish clerk of court to learn about local small-estate or summary succession procedures. Many parishes publish forms and fee schedules online.
• Hire a Louisiana notary or succession attorney for deed drafting and to make sure the act conforms to Louisiana notarial and recording requirements.
• Check for mortgages and liens early. A recorded judgment or mortgage can block transfer until resolved in the succession.
• After recording, update the property tax records and contact your title insurer if you have a title policy.
• Keep copies of all recorded instruments and the succession judgment in a safe place for future proof of title.