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Who this guide is for
Louisiana does things differently from every other state. It does not call the process probate. It has rules about community property, forced heirs, and a surviving spouse's right to use property that exist nowhere else in the country. Family members who have handled an estate somewhere else are often surprised by how Louisiana works, and sometimes by how much simpler it can be.
Nothing in this guide is legal advice for your specific situation. The dollar limits and rules described here are current as of 2026, and they change from time to time. Call us before you rely on any of them.
What a succession is, in plain English
In Louisiana, the legal process of settling a person's estate after death is called a succession. It is the same idea that other states call probate. A court confirms who the heirs are, someone is put in charge if needed, debts get paid, and the judge signs an order called a judgment of possession that transfers what is left to the people who are supposed to receive it.
Think of it as a bridge. On one side is property titled in the name of someone who has died. On the other side are the living people who should own it. A bank, a title company, or the parish clerk will not take a deceased person's name off an asset on your say-so. The judgment of possession, or in smaller estates a recorded affidavit, is what lets the family cross.
The succession is opened in the district court of the parish where the person lived. If the person lived in another state but owned land in Louisiana, it is opened in the parish where the land is.
If the person was married: the community property half
Louisiana is a community property state. Most property a married couple acquires during the marriage belongs to both of them, half and half, no matter whose name is on the title. When one spouse dies, only that spouse's half of the community property goes through the succession. The surviving spouse already owns the other half and simply has that ownership recognized in the judgment. Property one spouse owned before the marriage, or received by gift or inheritance, is separate property, and all of it goes through the succession.
This surprises many families. A house titled in a husband's name alone may still be half the wife's. A bank account in a wife's name alone may still be half the husband's. Sorting out what is community and what is separate is one of the first things we do.
What goes through the succession
- The deceased person's half of the community property
- All of the deceased person's separate property
- A house or land titled in the person's name
- Bank, brokerage, and investment accounts with no payable-on-death beneficiary
- Vehicles, boats, and equipment
- Personal belongings, furniture, jewelry, tools, and collections
- A business interest
- Money owed to the person, such as a final paycheck, a refund, or a claim
What passes outside the succession
- Life insurance and annuities with a living named beneficiary
- Retirement accounts (401(k), IRA, pension) with a living named beneficiary
- Accounts with a payable-on-death or transfer-on-death designation
- Property already placed in a living trust
The four ways a Louisiana succession can be handled
Not every Louisiana succession means a long court case. Depending on the size of the estate, whether there was a will, and whether the family agrees, there are four paths. Most of our clients qualify for one of the first three.
| Path | When it fits | What it involves | Typical time |
|---|---|---|---|
| Small succession by affidavit | Estate worth $200,000 or less, and either no will, or a will but no Louisiana real estate and everyone agrees | A sworn affidavit signed by the spouse and heirs; no court filing; recorded in the parish if there is real estate | A few weeks |
| Simple possession (no administration) | Any size estate where all heirs are adults, agree, and the estate has little or no debt | A petition to the court asking the judge to put the heirs in possession directly; no one is appointed to run the estate | A few weeks to a few months |
| Independent administration | Estate has debts, property to sell, or loose ends, and the will allows it or all heirs agree | An executor or administrator is appointed and can sell property, pay debts, and handle business without asking the judge for permission each time | 6 to 12 months |
| Full (court-supervised) administration | Heirs disagree, a creditor demands it, or the will does not allow independent administration and heirs will not agree | Same as above, but the judge must approve each sale, payment, and major step | 12 to 18 months or more |
The time estimates are our experience, not deadlines set by law. Disputes, hard-to-find heirs, and real estate sales are the things that add months.
Small succession by affidavit
This is the fastest and cheapest path, and Louisiana recently made it available to many more families. As of August 1, 2026, a Louisiana resident's estate worth $200,000 or less (before subtracting debts) can be settled with an affidavit instead of a court case. Before that date the limit was $125,000.
The affidavit is signed by the surviving spouse and at least one heir, sworn before a notary, and lists the family, the property, its value, and who receives what. Banks and other institutions must honor it. If there is real estate, the affidavit is recorded in the parish conveyance records and serves as the family's proof of ownership.
There are two catches. If there was a will, the affidavit only works when there is no Louisiana real estate and every heir and legatee agrees to waive formal probate. And for a person who lived in another state but owned Louisiana property, the limit is still $125,000 in Louisiana property. There is also a special rule for people who died twenty or more years ago: the affidavit works at any value.
Simple possession
When the estate is over the affidavit limit but the family gets along and there is little debt, we can ask the judge to send the heirs straight into possession without appointing anyone to administer the estate. All heirs must be adults (or properly represented), must accept the inheritance, and no creditor may have demanded that an administrator be appointed. The court signs a judgment of possession, and it is done. This works for both intestate estates and estates with a will.
Independent administration
When someone needs to be in charge for a while, to sell a house, pay off debts, collect what is owed, or run a business, the court appoints an executor (if the will names one) or an administrator (if not). Independent administration lets that person act without going back to the judge for permission at every step. It is available when the will provides for it, or when all the heirs or legatees agree to it. Almost every will we prepare includes it. The representative still must file a sworn list of the property and, unless the heirs waive it, a final accounting before the judgment of possession.
Full administration
When independent administration is not available, or the court ends it because of a dispute, the judge supervises. Each sale, each payment of a debt, and each major decision requires a court order, often with notice to the heirs and a waiting period for objections. It is slower and more expensive, and it is the path most people picture when they hear the word probate. It is also the path most families can avoid with a properly drafted will.
Key Louisiana rules families should know
Who inherits when there is no will
When a Louisiana resident dies without a will, state law decides who inherits. The answer depends on whether the property is community or separate.
Community property (the deceased spouse's half): it goes to the children, in equal shares. If a child has already died, that child's own children step into the share. If there are no children or grandchildren, the surviving spouse takes it.
Separate property: it goes to the children first. If there are no children, it goes to the brothers and sisters (with the parents keeping a right to use it during their lifetime). If there are no siblings, it goes to the parents. Only if there are no children, no siblings, and no parents does separate property go to the surviving spouse.
The surviving spouse's usufruct
When there is no will and children inherit the community property, the surviving spouse keeps the right to use and enjoy that property, including living in the family home and using the accounts, for the rest of his or her life or until remarriage. Louisiana calls this a usufruct. The children own the property, but they cannot sell it out from under the surviving spouse or demand it be turned over. A will can extend the usufruct to last for the spouse's lifetime regardless of remarriage, and can cover separate property as well.
Forced heirship
Louisiana is the only state that limits a parent's right to disinherit a child. A child who is 23 or younger at the parent's death, or a child of any age who is permanently unable to care for himself or herself because of a mental or physical condition, is a forced heir. A forced heir is entitled to a minimum share of the estate: one-quarter of the estate if there is one forced heir, one-half if there are two or more. A will that leaves less than that to a forced heir will be adjusted by the court. Once a child turns 24, the parent is free to leave that child nothing, unless the child is disabled.
Wills that Louisiana will recognize
Louisiana recognizes two kinds of wills:
- A notarial testament is signed before a notary and two witnesses, with everyone signing on the same occasion. This is the will we prepare, and it is the only kind that can be admitted to probate without live testimony.
- An olographic testament is entirely handwritten, dated, and signed by the person making it. It is valid, but to probate it the family must prove the handwriting, which means finding witnesses who knew the person's handwriting.
A typed will that was signed in front of witnesses but not a notary, which is valid in most other states, is generally not valid in Louisiana unless it meets the requirements of the state where it was signed. Anyone who moves to Louisiana with a will from another state should have it reviewed.
There is no deadline to open a succession. But once a succession is opened, a will must be offered for probate within five years or it cannot be admitted.
Creditors
Unlike most states, Louisiana does not require the family to publish a notice to creditors that starts a fixed claims deadline. Creditors submit their claims to the executor or administrator, who has 30 days to accept or reject them. Silence counts as rejection. A rejected creditor must sue to collect. This means debts generally do not disappear on a fixed date; the person handling the succession needs to identify and deal with them before the estate is distributed.
No state death taxes
Louisiana has no inheritance tax and no estate tax. Both were repealed for deaths after mid-2004, and nothing is filed with the Louisiana Department of Revenue. The federal estate tax applies only to estates well above $13 million, so it affects very few families.
What to expect, step by step
Here is what a typical Louisiana succession looks like from the family's side, whether it is handled by affidavit, by simple possession, or with an administrator.
The first few weeks. Take care of the funeral, order at least ten certified death certificates, secure the home and vehicles, and locate the original will if there is one. Do not distribute belongings, close accounts, or sell anything yet. Keep paying the mortgage, insurance, and utilities on any real estate.
The first meeting. We sit down with the family, review the will, identify the heirs, and build a list of what the person owned and owed. We sort community property from separate property. Based on the size of the estate, the will, and the family's situation, we tell you which of the four paths applies and what it will cost.
Gathering the information. You collect account statements, deeds, vehicle titles, and bills as of the date of death. We prepare a sworn detailed descriptive list of the property and its values. In an affidavit succession, this information goes into the affidavit itself.
Filing or signing. For a small succession, the spouse and heirs sign the affidavit before a notary, and we record it if there is real estate. For a court succession, we file the petition, the will (if any), the descriptive list, and the supporting affidavits in the district court of the parish where the person lived.
Appointment, if needed. If someone must be put in charge, the court confirms the executor or appoints an administrator and issues letters, the official document that proves his or her authority to banks and title companies. If the will called for independent administration, or the heirs agree to it, the letters say so.
Managing the estate. The representative collects the assets, pays legitimate debts, files the final income tax return, sells property if needed, and keeps records. In an independent administration, this happens without court hearings.
Judgment of possession. When the estate is ready, we file the petition for possession. The judge signs the judgment of possession, which names each heir and what he or she receives, recognizes the surviving spouse's half of the community and any usufruct, and transfers title. Certified copies are recorded in the parish where any real estate is located.
Distribution. Accounts are retitled or paid out, vehicles are transferred, and the family receives what the judgment says they receive. If there was an administration, the representative files a final accounting unless the heirs waive it, and is discharged.
What the family needs to gather
The faster we have this information, the faster the succession moves. Bring what you can to the first meeting; the rest can follow.
About the person who died
About what the person owed
About what the person owned (values as of the date of death)
Common problems and how to avoid them
Nobody opened the succession for years.
A parent or grandparent died decades ago and the family just kept living in the house. Now someone wants to sell it, refinance it, or claim a homestead exemption, and the title is still in a dead person's name. This is one of the most common calls we get. The good news is that Louisiana lets a succession be opened at any time, and if the death was twenty or more years ago, the affidavit process works no matter what the property is worth. The bad news is that every heir who has died in the meantime creates another succession that has to be handled, and the list of heirs can grow to dozens of people.
A will from another state.
A typed will signed before two witnesses is valid almost everywhere except Louisiana. If the person signed it while living in another state, Louisiana will generally honor it under that state's law. If the person signed it after moving here, it may be invalid, and the estate passes as if there were no will at all.
The surviving spouse assumed everything was theirs.
Without a will, a surviving spouse with children does not inherit the deceased spouse's half of the community property. The children do, and the spouse has only a usufruct. The spouse cannot sell the house or spend down the accounts without the children's involvement. A will fixes this.
A young or disabled child was left out.
Forced heirship means a will cannot cut out a child who is 23 or younger or permanently disabled. If the will tries, the child can claim the forced portion, and the other bequests are reduced. We plan around this.
Property in more than one state.
A Louisiana resident who owned land in Mississippi or Texas needs a second, ancillary proceeding in that state. A Mississippi or Texas resident who owned Louisiana land needs a Louisiana ancillary succession. We handle both Louisiana and Mississippi successions, so a family with property in both states works with one firm.
Heirs who cannot be found or will not sign.
The affidavit and simple possession paths require the signatures or agreement of every heir. One missing or uncooperative heir pushes the estate into a court administration. We can still get it done, but it takes longer and costs more.
Debts that surprise the family.
Because Louisiana has no fixed creditor deadline, an unpaid debt can surface after the family thought the estate was closed. Heirs who accept a succession without an administration can be responsible for the deceased person's debts up to the value of what they received. We identify debts up front so this does not happen.
Frequently asked questions
Do we have to go to court?
Often, no. If the estate is $200,000 or less, an affidavit signed before a notary is usually enough. Even larger estates can be handled by filing papers with the court without any hearing, as long as the heirs agree and the estate has little debt.
How long does it take?
An affidavit succession can be finished in a few weeks once we have the information. A simple possession usually takes a few weeks to a few months. An administration, where someone has to sell property or pay debts, typically takes six to twelve months. These are our estimates from experience, not rules.
Is there a deadline to start?
No. But delay creates problems. Accounts get frozen, property taxes and insurance lapse, and heirs pass away, which adds more successions to untangle. Start within a few months if you can.
Who is in charge?
If the will names an executor, that person. If not, the court appoints an administrator, usually the surviving spouse or an adult child. In an affidavit or simple possession succession, no one is formally in charge; the heirs act together.
Do I need a lawyer?
The small succession affidavit does not legally require one, but it must be done correctly or banks and title companies will reject it. Court successions require pleadings, sworn documents, and knowledge of the Code of Civil Procedure, and one heir cannot represent the others. As a practical matter, yes.
Are the heirs responsible for the debts?
Heirs are not personally liable beyond what they inherit. But an estate's debts must be paid before the heirs receive anything, and heirs who take possession without an administration may have to pay valid debts up to the value of what they received.
What about the house?
In an intestate estate, the deceased spouse's half of a community-property home goes to the children, subject to the surviving spouse's lifetime right to live there. In a will-based estate, the will controls. Either way, the home cannot be sold until the succession is done and title is in the heirs' names.
Does the surviving spouse get everything?
Only if there are no children, grandchildren, siblings, or parents, or if the will says so. Without a will, the children inherit the deceased spouse's share.
What if the person lived in another state but owned land in Louisiana?
A Louisiana ancillary succession is needed for the Louisiana property. If the Louisiana property is worth $125,000 or less, it can be done by affidavit.
Can we skip probate next time?
Yes. A living trust holds your home and accounts so they pass to your family without any succession. Beneficiary designations handle retirement accounts and life insurance. A will with independent administration makes any remaining succession quick. We help families put these in place every week.
How Trusted Plan Lawyers can help
We handle Louisiana successions from start to finish: affidavit successions, simple possessions, and administered estates. Our attorney is licensed in Louisiana and Mississippi, so families with property on both sides of the state line work with one firm and one plan.
What we do
- Tell you at the first meeting which path your family qualifies for and what it will cost
- Sort community property from separate property and identify every heir
- Prepare the affidavit, or the petition, descriptive list, and every court filing
- Obtain the judgment of possession and record it wherever real estate is located
- Give you written instructions for retitling accounts, vehicles, and property after the judgment
- Handle a companion Mississippi probate when the person owned property there
Fees
Uncontested successions are a flat fee, quoted after the first meeting, once we know the size of the estate and which path applies. A small succession by affidavit costs far less than a court succession, and a simple possession costs less than an administration. You will know the number before we start, and there is no hourly billing. If an heir or creditor contests the will, the estate, or a claim, additional fees apply for the contested matter, and we tell you in writing before that work begins.
What to bring to your first meeting
The death certificate, the original will if there is one, and whatever you have from the checklist above. Do not wait until you have everything; we can start with what you have.
Licensed in Mississippi, Louisiana, and the District of Columbia, with more than twenty years helping families plan for incapacity, long-term care, and everything they want to pass on. This guide is general information as of September 2026 and is not legal advice.