The Judgment of Possession is the legal document that allows heirs to formally take possession of property at the end of the succession process. In some cases, you may need to go before a judge to get a Judgment of Possession. In other cases, a judge may sign a complete Judgment of Possession on the day a succession is opened. Either way, however, the Judgment of Possession must contain the right information before the court will approve it.
What to Include in a Judgment of Possession
To avoid confusion and to provide certainty, the Judgment of Possession must contain specific information, including:
- A list of all of the estate’s assets. For real property, this should include the legal description of the property.
- A list of all successors. This list should include the proportion of the property that each successor will inherit.
- All usufructs that exist. A usufruct is the right of a person to use property for that person’s lifetime only. It is similar to the concept of a life estate in other states.
- An order from the judge, if the person died with a will.
- The last known address of at least one heir or legatee.
Completed Judgments of Possession must be filed in the Conveyance Office of each Louisiana parish where any real estate is located. If property is located in Orleans Parish, there are additional filing requirements.
Contact a Louisiana Succession Lawyer
The experienced Louisiana succession attorneys of Scott, Vicknair, Hair & Checki LLC represent hundreds of families in successions each year. We can help you avoid problems drafting a Judgment of Possession and other succession pleadings, so your loved one’s wishes are honored and you have the certainty you deserve when a succession is over.