Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
In Louisiana, real estate owned solely by a deceased parent passes by succession. Succession is the legal process that gathers a decedent’s assets and transfers title to heirs or legatees. To determine who holds ownership, follow these key steps:
- Obtain essential documents. Secure a certified copy of the death certificate and the original or certified deed from the parish clerk of court.
- Check for a will. Visit the succession records in the parish where your parent lived. If your parent left a valid will, the estate passes under testate succession. Otherwise, it proceeds under intestate succession.
- Identify heirs under Louisiana law.
• Intestate Succession: When no will exists, La. Civ. Code Title III governs heirs. Descendants (children) inherit by representation, and the surviving spouse may receive a usufruct of the estate. See La. Civ. Code Tit. III, Succession.
• Forced Heirship: Louisiana law protects minors and disabled adult children as forced heirs. They are entitled to a reserved portion of the estate. - Open a succession proceeding. File a petition for possession or probate in the district court of the parish where your parent resided. The court will:
- Validate any will.
- Recognize forced heirs and reserve portions.
- Appoint an executor (testate) or administrator (intestate).
- Obtain a judgment of possession. After settling debts and distributing assets, the court issues a judgment of possession. This document acts like a conveyance deed. Record it with the parish recorder of mortgages to update public records.
Once recorded, the judgment confirms the new owners’ names and their interests (e.g., full ownership or usufruct). At that point, you can sell, gift, or mortgage the property in your name or jointly with co-heirs.
Helpful Hints
- Keep deadlines in mind: You must initiate possession proceedings within three years of death to protect ownership rights against third parties.
- Locate all potential heirs: Check birth records, marriage certificates, and adoption papers to confirm family ties.
- Gather asset info: Compile bank statements, mortgage records, and insurance policies to fully value the estate.
- Consider a notary: In Louisiana, a notary can authenticate a voluntary succession if all heirs agree and the estate is simple.
- Consult court resources: Many parish websites publish forms and filing guides for successions.