Which Court Handles a Louisiana Succession?
In Louisiana, succession proceedings are filed in the district court of the parish where the deceased was domiciled — meaning the parish where they had their primary residence at the time of death. The Louisiana Civil Code defines domicile as the place a person intends to be their permanent home, not just a temporary or vacation residence.
Determining the Decedent’s Parish of Domicile
If your loved one had only one home, determining domicile is usually straightforward. But for individuals who maintained multiple residences — a New Orleans home and a vacation house in St. Tammany Parish, for example — determining domicile requires analysis of the facts:
- Which residence did the decedent consider their primary home?
- Where were they registered to vote?
- Where did they file their income taxes?
- Where did they spend the majority of their time?
- Which address did they use for their driver’s license, bank accounts, and official documents?
Courts look at the totality of these facts to determine domicile. Your attorney can help assess which parish is most defensible as the domicile for succession purposes.
What If the Decedent Lived Out of State?
If your loved one was domiciled in another state at the time of death, the main probate proceeding occurs in that state — not Louisiana. However, if they owned real estate or other immovable property in Louisiana, a separate ancillary succession must be filed in the Louisiana parish where that property is located. Louisiana courts cannot decline jurisdiction over Louisiana-located real estate.
If the non-resident decedent had no immovable property in Louisiana but did have movable assets (bank accounts, personal property), you may file in any Louisiana parish where those movable assets are located.
What If Property Is Located in Multiple Louisiana Parishes?
The succession is filed in the decedent’s parish of domicile, regardless of where their property is located. However, the judgment of possession — the court order that transfers title to heirs — must be recorded in the conveyance office of every Louisiana parish where real estate is located. Failure to record in all applicable parishes means the title is not properly transferred in those locations.
Why Filing in the Right Parish Matters
Filing in the wrong parish delays the proceeding. The court will dismiss the petition, requiring you to refile in the correct jurisdiction and start the process over. This can add weeks or months to the timeline and increase costs. Working with an experienced Louisiana succession attorney from the start prevents this mistake.
Contact Scott Law Group — Estate Counsel or call (504) 264-1057 to confirm which parish your succession should be filed in and to get the process started correctly.
This article provides general information about Louisiana succession law and is not legal advice for your specific situation.