Louisiana Succession (Probate) Attorneys in New Orleans & Statewide
Losing a loved one is one of life’s hardest moments. Unfortunately, Louisiana law requires families to complete a legal process called succession (Louisiana’s version of probate) before property can transfer to heirs. This can feel overwhelming, especially while you’re still grieving.
The Gertler Law Firm guides families through every step, whether there is a valid will or the estate must pass under Louisiana’s intestacy rules. We help clients in New Orleans and throughout Louisiana, including Orleans, Jefferson, St. Bernard, St. Charles, St. Tammany, St. John, Plaquemines, and Tangipahoa, streamline the process, and avoid costly mistakes.
What Is a “Succession” in Louisiana?
A succession is the court process that identifies the estate’s assets and debts, recognizes the heirs or legatees, and places them in possession of the property.
- Testate successions follow a valid will.
- Intestate successions follow Louisiana law when there is no will.
In short, succession is how ownership of property legally moves from someone who has passed away to their heirs. In many cases, we can complete successions using a descriptive list and a judgment of possession without extensive hearings, provided the paperwork and notice requirements are handled correctly.
Do You Need to Open a Succession?
You typically need a succession to:
- Transfer title to real estate (homes, land, mineral interests).
- Access or retitle bank/brokerage accounts, vehicles, and business interests.
- Clear encumbrances or resolve estate debts.
- Sell estate property, including a family home in Orleans Parish or a rental property in Metairie or Kenner.
Succession is also required to notify third parties, like banks, buyers, and title companies, that heirs have legal ownership. Without it, families often face roadblocks when trying to access or transfer property.
Some small or specific situations may qualify for streamlined options. We’ll evaluate whether a simplified path is available based on your facts and current Louisiana procedures.
How the Process Works (Overview)
Information & Documents
Death certificate, any will/codicils, marital history and children, property list (home, vehicles, accounts), and known debts.
File the Succession
We prepare pleadings in the appropriate parish court (for example, Orleans Parish Civil District Court for New Orleans matters; 24th Judicial District Court in Jefferson Parish for Metairie, Kenner, Gretna, Marrero, Harahan, Westwego, Avondale, and Jefferson (CDP)).
Representative
In some estates, the court appoints an executor (if there is a will) or an administrator (no will). Independent administration may reduce court supervision.
Inventory/Descriptive List
An inventory or verified descriptive list establishes the estate’s assets and values; supporting statements are attached when needed.
Debts & Taxes
Estate debts are addressed according to priority. We coordinate with accountants when estate or fiduciary tax filings are involved.
Judgment of Possession
The court issues a judgment recognizing heirs/legatees and placing them into possession. This instrument is recorded to the perfect title (e.g., with the Orleans Parish Recorder of Mortgages/Conveyances).
Close the Estate
After distributions and recordings, the matter is wrapped up, and the estate is closed.
Community Property, Usufruct & Forced Heirship
Louisiana’s civil law system can produce outcomes different from common law states:
- Community vs separate property: Community property (acquired during marriage) is generally split between spouses, while separate property (pre-marriage assets, inheritances, or gifts) follows different rules.
- Usufruct & naked ownership: A surviving spouse may receive usufruct (the right to use property or earn income from it), while children hold naked ownership and gain full ownership when the usufruct ends. For example, a spouse may continue living in the family home while children hold long-term ownership rights.
- Forced heirship: Louisiana law protects certain heirs. Children under 24, or those permanently disabled, must receive a portion of the estate regardless of what a will says.
We’ll explain how these rules apply in your family’s situation and reflect them in the succession pleadings.
How We Help Families
- Right-sized strategy: We match the process to the estate; simple where possible, more formal when needed.
- Document precision: Correct names, legal descriptions, and account identifiers prevent recording and title issues later.
- Multi-parish coordination: Real estate and vehicles often span parishes; we align filings and recordings to avoid delays.
- Clear timelines & communication: You’ll know what’s needed, what’s next, and why.
Our goal is to carry as much of the legal burden as possible, so you and your family can focus on grieving and supporting each other.
What to Gather Before We Talk
- Death certificate; any will/codicils
- Full legal names, addresses, and dates of birth for heirs/legatees
- Marriage/divorce history; prenuptial agreements (if any)
- Property list (addresses, account statements, VINs, policy info)
- Known debts (mortgage, credit cards, medical bills, taxes)
Frequently Asked Questions About Louisiana Succession
What is a Louisiana succession?
Succession is Louisiana’s probate process: the legal transfer of property from someone who has passed away to their heirs.
When is a succession required?
In most cases, a succession is required if the estate includes real estate, titled property, or assets over $125,000. Smaller estates may qualify for a simplified process, and some assets (like life insurance with named beneficiaries or retirement accounts) may bypass succession altogether.
What assets can bypass succession?
Life insurance, IRAs, retirement accounts, and property held in certain trusts usually transfer directly to beneficiaries, provided designations are current. Louisiana does not recognize joint tenancy with right of survivorship, so joint accounts may still require succession.
What is the order of succession in Louisiana?
Without a will, property is distributed according to intestacy laws, prioritizing children, then parents and siblings, then more distant relatives. Surviving spouses may receive usufruct over community property, with children holding naked ownership.
How long do you have to open a succession?
There is no hard deadline, but estates remain frozen until succession is complete. Opening promptly helps families access accounts, sell property, and clear title.
How long does the process take?
Some successions can be completed in weeks; others take months or longer if multiple heirs, properties, or disputes are involved.
Do I need a lawyer to handle succession?
Because of Louisiana’s unique rules on community property, usufruct, and forced heirship, legal guidance is strongly recommended. Even small successions benefit from an attorney’s oversight.
Who is considered next of kin in Louisiana?
Next of kin generally includes a spouse, children, and parents. Louisiana law also protects forced heirs, children under 24, or permanently disabled children.
What are the types of succession?
- Small succession affidavit (for estates ≤ $125,000).
- Succession with administration (for more complex estates).
- Independent administration (allows more flexibility, less court supervision).