Succession is Louisiana’s version of probate. When someone dies and leaves property behind, succession is the legal process that transfers what they owned to the people who inherit it. Whether succession is actually required depends on what the person owned, how it was titled, and what the estate’s total value looks like.
Get that question wrong and you can end up with real estate stuck in a deceased person’s name for years, heirs who can’t sell a house they technically inherited, and family members who didn’t realize they needed a court proceeding until they’re already in the middle of one.
Chink has handled Louisiana successions since the 1980s. This is what he sees come through the door.
What Is Succession in Louisiana?
Louisiana is a civil law state. That means its legal framework descends from the Napoleonic Code, not the English common law that governs the other 49 states. Most of what you read online about “probate” doesn’t apply here the same way it would in Texas or Florida.
In Louisiana, when a person dies, their estate passes through succession. That’s the court-supervised process of identifying the decedent’s assets, satisfying any debts, and legally transferring ownership to the heirs or legatees (people named in a will). If there’s no will, Louisiana’s intestate succession laws dictate who gets what.
One thing that surprises a lot of people: not every estate requires a full succession proceeding. Some assets transfer automatically. Others can be handled through a simplified affidavit process. And some estates need to go through the 22nd Judicial District Court in St. Tammany Parish. Knowing which category you’re in matters.
When Is Succession Necessary in Louisiana?
When is succession necessary in Louisiana? The short answer: whenever the deceased owned immovable property in Louisiana, or held assets solely in their own name without a beneficiary designation.
The Deceased Owned Real Estate or Immovable Property
This is the most common reason people ask when is succession necessary in Louisiana. It’s also the most important one to understand. If the person who died owned a house, a camp, land, or any other immovable property in Louisiana, succession is almost certainly required.
Under Louisiana law, immovable property (what other states call “real estate”) cannot change ownership without a court proceeding. The title stays in the decedent’s name until a succession opens, an inventory is completed, and a judgment of possession places the property in the heirs’ names. Without that judgment, the heirs can’t sell the property, can’t refinance it, and can’t do anything that requires proving legal ownership.
Chink sees this constantly. A parent dies, the house goes to the kids, and years pass without anyone opening a succession because “we’re not selling it.” Then someone wants to sell, or there’s a tax issue, or one of the kids passes away, and suddenly you have two layers of succession to open instead of one.
The Estate Includes Movable Assets Titled in the Decedent's Name Alone
Bank accounts, vehicles, investment accounts, stocks, or bonds that were held solely in the deceased person’s name are probate assets. They don’t transfer automatically.
If those accounts had a named beneficiary, or if they were held jointly with right of survivorship, they bypass succession entirely. But if the account just has the deceased’s name on it and no beneficiary designation, the bank won’t release the funds until they see a judgment of possession from a Louisiana succession court.
The Deceased Left Outstanding Debts
Succession isn’t just about distributing assets to heirs. It’s also about settling what the decedent owed. If there are outstanding debts, creditors have a right to make claims against the estate. The succession court oversees that process and ensures debts are paid before assets are distributed to heirs.
This matters particularly when there’s a question about whether the estate is solvent, or when creditors show up after the family has already started dividing things up informally. A properly opened succession protects heirs from personal liability for debts that belong to the estate.
The Deceased Died Without a Valid Will
Dying without a valid will is called dying intestate. Louisiana’s intestate succession laws dictate exactly how assets pass in that situation, and those rules are specific to Louisiana’s civil law tradition.
For example, Louisiana still recognizes forced heirship for children under 24 or who are permanently incapacitated. Forced heirship means those children have a legal right to a portion of the estate regardless of what a will says. That’s not a concept that exists in most other states. It comes from Louisiana’s Napoleonic Code roots, and it’s one of several reasons why Louisiana succession law requires an attorney familiar with Louisiana, not just general estate law.
When there’s no will, a succession must be opened to establish who the legal heirs are and transfer assets through the proper legal channels.
When Is Succession NOT Required in Louisiana?
Not every estate needs a full court proceeding. There are two main exceptions worth knowing.
Assets That Pass Outside of Succession
Some assets transfer by operation of law, meaning they pass directly to a named beneficiary or co-owner without going through a succession:
Life insurance policies with a named beneficiary go directly to that person. Retirement accounts (IRAs, 401(k)s, pensions) with named beneficiaries do the same. Joint bank accounts with right of survivorship pass to the surviving owner automatically. Payable-on-death (POD) accounts and transfer-on-death (TOD) accounts also avoid succession entirely.
If an estate consists only of these types of assets, there may be no succession needed at all. But this requires planning in advance. Chink regularly helps clients structure their estate so that more assets can pass outside of succession and reduce the burden on whoever is left to sort things out.
The Small Succession Affidavit
Louisiana has a simplified process for smaller estates. Under Louisiana Code of Civil Procedure Article 3431, heirs can claim succession property through a small succession affidavit when the estate’s gross value doesn’t exceed $125,000 and the decedent died without a will, or left only a statutory will.
This process doesn’t require opening a full court proceeding. The heirs sign a notarized affidavit establishing their relationship to the deceased and their right to the property.
Important caveat: the small succession affidavit has limitations. It may not resolve all property transfer issues, and certain assets still require additional steps. An attorney familiar with the process can confirm whether your situation qualifies and handle the affidavit correctly.
How Long Does a Louisiana Succession Take?
The timeline depends on the complexity of the estate and whether the succession is contested. An uncontested succession with a clear will and a straightforward asset list can often be resolved within three to six months. Estates with real estate in multiple parishes, disputes among heirs, business interests, or questions about forced heirship rights can take considerably longer.
One of the most common delays Chink sees: heirs waiting too long to start. There’s no legal deadline to open a succession in Louisiana, but the longer you wait, the more complications can stack up. Real property taxes continue to accrue. Creditors don’t disappear. And if additional heirs die before the succession is opened, you now have multiple successions to sort through simultaneously.
Does Louisiana Succession Law Apply if the Deceased Lived Out of State?
This comes up more than people expect, especially on the Northshore where families have property here but may have retired elsewhere.
If a non-Louisiana resident dies and owned immovable property (land, a house, a camp) in Louisiana, a Louisiana succession must be opened for that property regardless of where the person lived or where their primary succession is handled. Louisiana has jurisdiction over immovable property located in Louisiana, period.
That succession is called an ancillary succession. It runs alongside whatever proceeding is happening in the decedent’s home state. Chink handles these for out-of-state families who own Northshore property and need a Louisiana attorney to handle the Louisiana portion of a broader estate.
Do I Need a Succession Attorney in Louisiana?
Technically, a succession can be opened without an attorney. In practice, most people find they need one, for several reasons.
Louisiana succession law is not the same as the law in any other state. The civil law framework, the forced heirship rules, and the community property rules that govern married couples’ estates: these aren’t things a general legal knowledge covers. A New Orleans attorney who handles criminal defense, or a paralegal service that prepares basic forms, may not catch the issues that arise in a Louisiana succession until they’ve already created problems.
Chink has been handling Louisiana successions since 1981. His office is in Covington, and the 22nd JDC is the court where Northshore successions are opened. If you’ve got a succession that needs to be opened, or you’re not sure whether you need one, a conversation with someone who has handled hundreds of them is a good starting point.
If you’re dealing with a succession in St. Tammany Parish or anywhere on the Louisiana Northshore, Charlton “Chink” Ogden is available for a consultation. Call (985) 892-8592 or use the contact form below.