Getting a Parent’s House Out of Their Name in Louisiana

If the house is still in your mother’s or father’s name, you can’t sell it, refinance it or borrow against it until the title is moved to the heirs. In Louisiana that happens through a succession, which ends with a judgment of possession recorded in the parish where the house is. That is the only kind of work we do, for families anywhere in Louisiana, almost always by phone, Zoom and email.

Call (504) 264-1057 or tell us about your case. We respond within one business day.

Why you can’t just change the name on the deed

A death certificate and a will don’t change who owns the house. The public records still show your parent as the owner. Before a title company will close a sale, or a lender will approve a refinance or home-equity loan, they need a court judgment saying who inherited the house, recorded in the parish conveyance records.

That document is the judgment of possession. Getting it is what we do.

What it takes

1. We confirm who inherits. We look at whether there is a will, who the heirs are, and whether your parent was married when they died.
2. We pick the right procedure. Most families with a house need a judgment of possession. Some smaller estates can use a small succession affidavit instead. We tell you which on the first call.
3. We file the succession in the parish where your parent lived and handle the court for you.
4. We record the judgment in the parish where the house is. After that, the heirs are the owners of record and can sell, refinance or insure the house.

What families usually need it for

• Selling the house. The title company won’t close until the judgment of possession is recorded. See can heirs sell property before the succession is complete?
• A home-equity loan or refinance by the family member living in the house.
• A parent who died years ago with no succession ever opened. Sometimes a grandparent’s succession was never opened either. We handle both.
• A house that still has a mortgage. See what to consider when inheriting mortgaged property.
• Heirs who live out of state. Everyone can sign remotely. See Louisiana successions for out-of-state heirs.

What it costs

Most successions we handle are a flat fee, quoted in writing before you sign anything. Fees start at approximately $2,000 to $5,000, depending on the procedure needed. On the first call we tell you which procedure applies and exactly what it costs.

How long it takes

Getting started usually takes 2–4 weeks while we gather documents and prepare the filing. How long it takes to finish depends on the type of case, the procedure and the parish. On the first call we give you a realistic timeline for your case. If you already have a buyer, tell us, and we’ll tell you whether your closing date is realistic.

Who handles your case

All three of our attorneys handle successions across Louisiana: Brad P. Scott (founding partner), Jane C. Alvarez and Rachel Jokinen.

What our clients say

“I was impressed with the level of knowledge and professionalism expressed by the people I talked to at the Scott Law Group.”

Dee P., Google review ★★★★★

“Thank you to Jane at Scott Law Group for your exceptional guidance through the succession process of my loved one’s estate. Your professionalism and care meant so much.”

Pam Parker, Google review ★★★★★

Rated 4.9 on Google. Read more client reviews.

Frequently asked questions

Can I sell the house before the succession is finished?

Usually not. The title company needs the recorded judgment of possession before closing. You can line up a buyer while we work on the succession, and we’ll tell you when a closing date is realistic.

My mother died years ago and nobody opened a succession. Is it too late?

It is usually not too late. We regularly handle successions for parents who died years or decades ago. The sooner you start, the simpler it tends to be, especially if other family members have died since.

What if one of my brothers or sisters won’t cooperate?

The succession can often still go forward. If co-owners can’t agree on selling afterward, Louisiana law has a process for that, explained in forcing the sale of an inherited property. We tell you on the first call whether your situation is one we can help with.

Do I have to come to your office?

No. Most clients never visit an office. We work by phone, Zoom and email, and documents are signed electronically or with an online notary.

Get the house out of your parent’s name

Call (504) 264-1057 or tell us about your case. Free, confidential, and reviewed within one business day.