Your loved one may have owned property in multiple parishes, but your loved one only had one primary residence. The parish where your loved one’s primary residence is located is the parish where you should file for succession.
How to Determine Primary Residence
Even if your loved one had multiple homes, there was one home that was his legal domicile or primary residence. In Louisiana, your loved one’s intent matters. The home that your loved one viewed as his primary residence, used as his primary residence, and typically spent more time in than any other one place will be viewed as his domicile for succession purposes.
What If the Primary Residence Was Not in Louisiana?
Your loved one may have owned property in Louisiana, but he may have had a primary residence in another state at the time of his death. In this case, Louisiana law allows you to file for succession in any parish where your loved one had real estate or immovable property. If your loved one had no immovable property but did have other assets, you may file for succession in any parish where the moveable assets are located.
Filing for Succession Is Just One Step in the Process
While succession should only be filed in one Louisiana parish, the court’s Judgment of Possession should be recorded in every parish where your loved one owned real estate.
Your Louisiana succession lawyer will make sure that succession is filed in the correct parish, certified copies of the Judgment of Possession are recorded in every applicable parish, and your rights are protected at each step of the succession process.
Don’t take any chances or waste time filing for succession in the wrong location. Instead, call our experienced New Orleans succession attorneys today. We help families throughout Louisiana protect their rights during succession.