Opening a succession in Louisiana is a specific, paperwork-heavy procedure. It’s also how families convert a death into a legal transfer of property — so it’s genuinely important to get right. This page walks through what “starting a succession” actually looks like, step by step, from the first phone call to the point where you have a judgment of possession in hand. If a loved one has recently passed and you know (or suspect) a succession is required, this is the substance of what your attorney will be doing on your behalf.
Before starting, confirm a succession is actually required — not every Louisiana death requires one. Our FAQ on when a succession is required walks through that threshold question. This page assumes you’ve already determined that some form of succession (full or small) is necessary.
The two paths: small succession versus full judicial succession
Louisiana recognizes two primary succession procedures, and the first decision is figuring out which one applies:
Small succession (La. C.C.P. art. 3421 et seq.) — Available when the gross succession value is under $125,000 and certain other conditions are met. Handled via affidavit. No court hearing required. Takes a few weeks. Attorney fees generally $750–$2,000.
Full judicial succession — Required when the estate is over $125,000, when there’s a will to probate, when there are minor heirs, or when other circumstances make small succession unavailable. Involves petition, court filings, a descriptive list, and a formal judgment of possession. Takes 6 weeks to several months for uncontested cases. Attorney fees typically $2,500–$10,000+.
Most of this article is about full judicial successions because that’s where the procedural complexity lives. For small successions, see our library article on small succession affidavits and judicial administrations.
What to gather before the first meeting with an attorney
The succession attorney will need specific documents. The more of these you can bring to the initial meeting, the faster the process moves:
- Certified death certificate (order at least 10; multiple institutions will require original certified copies)
- Will or trust documents, if any. Check the decedent’s home, safe deposit box, attorney’s office, and family records.
- Marriage certificates for the decedent and for any previous marriages (important for establishing community vs separate property)
- Birth certificates for the decedent’s children and spouse
- Divorce decrees, if the decedent was previously divorced
- Property deeds for all real estate owned by the decedent
- Titles to vehicles, boats, and other titled assets
- Bank and brokerage statements from the last year
- Retirement account statements and beneficiary designations
- Life insurance policies with beneficiary designations
- Business ownership documents (operating agreements, partnership agreements, stock certificates)
- Tax returns for the last two years
- Outstanding bill information: mortgages, credit cards, medical bills, utilities
A pro tip from our office: create a simple spreadsheet with asset names, estimated values, and account numbers before the first meeting. Saves an hour of back-and-forth.
Step 1: Determining jurisdiction (which court)
Louisiana successions are filed in the district court of the parish where the decedent was domiciled at the time of death. For Louisiana residents:
- Orleans Parish: Civil District Court for Orleans Parish
- East Baton Rouge Parish: 19th Judicial District Court
- Jefferson Parish: 24th Judicial District Court
- St. Tammany Parish: 22nd Judicial District Court
- Lafourche Parish: 17th Judicial District Court
- (Each parish has its own district court with a succession clerk.)
Domicile means the person’s legal home, which is typically where they lived at the time of death but not always. A snowbird who spent winters in Florida and summers in Louisiana could be domiciled in either depending on intent. Domicile determines jurisdiction; getting it wrong means your petition is filed in the wrong court and may need to be refiled.
If the decedent was not a Louisiana resident but owned Louisiana property, you file an ancillary succession in the parish where the Louisiana property is located. This is a supplementary proceeding to whatever probate is happening in the decedent’s home state.
Step 2: Drafting the petition
The petition to open a succession is the document that formally asks the court to recognize the decedent’s death and appoint the heirs. It must include:
- The decedent’s full legal name and date of death
- The decedent’s domicile at death
- A statement of whether the decedent died testate (with will) or intestate (without)
- Identification of all heirs and their relationship to the decedent
- Identification of any executor named in the will
- A description of the property in the estate (usually deferred to the descriptive list)
- The type of proceeding requested (simple putting in possession, administration, etc.)
For an intestate succession, the petition also requests that the court declare the identified persons to be the decedent’s legal heirs. For a testate succession, the petition asks the court to probate (give legal effect to) the will.
Step 3: Probating the will (if there is one)
If the decedent left a will, it must be probated before its provisions can be given effect. Louisiana recognizes several types of wills, each with its own probate requirements:
Notarial testament — The most common valid Louisiana will. Executed before a notary with two competent witnesses under La. C.C. art. 1577. Self-proving if properly executed. Probate is usually routine.
Olographic testament — A will entirely in the decedent’s own handwriting, dated, and signed by the decedent (La. C.C. art. 1575). Because there’s no notary involvement, additional evidence is required at probate — typically two witnesses who can identify the decedent’s handwriting. See our article on olographic wills in Louisiana for the specific requirements.
Statutory / Other testaments — Louisiana historically recognized several other will forms (nuncupative, mystic), most of which have been phased out but may still be encountered in older documents.
If the will is challenged (contested), the probate proceeding becomes adversarial. See our article on challenging the validity of a last will and testament. Will contests can pause the succession indefinitely.
Step 4: Providing notice to heirs
Louisiana requires that all heirs (and certain other interested persons) be given legal notice of the succession proceeding. The specific notice requirements depend on the type of succession and who the heirs are:
- Adult heirs: typically receive written notice of the petition by mail or personal service.
- Minor heirs: require additional protection — typically the court appoints an undertutor to represent the minor’s interests, or a natural tutor is confirmed.
- Interdicted or mentally incapacitated heirs: represented by their curator.
- Absent heirs: the court may appoint an attorney to represent their interests if their location is unknown.
- Forced heirs: have specific rights that may require their explicit acknowledgment or waiver.
Failing to give proper notice to an heir is one of the most common reasons a succession is later challenged or reopened. Your attorney should verify notice to every identified heir before moving forward.
Step 5: The descriptive list (or inventory)
A detailed list of the estate’s assets and their values must be prepared and filed with the court. For simpler estates, a sworn descriptive list signed by the heirs (or the executor) is sufficient. For more complex estates — particularly those with significant real estate, business interests, or disputed values — a formal inventory by a notary may be required or advisable.
The descriptive list typically includes:
- Real estate owned by the decedent (addresses, legal descriptions, estimated values)
- Bank and brokerage accounts (institution, account number, balance at date of death)
- Retirement accounts (with note about beneficiary designations that bypass the estate)
- Vehicles (year, make, model, VIN, estimated value)
- Business interests and their estimated values
- Personal property of significant value (collections, art, jewelry)
- Life insurance (only if payable to the estate, not to named beneficiaries)
- Debts of the estate (mortgages, credit cards, medical bills, utilities)
Values as of the date of death, not current values. For real estate, a current tax assessment or recent appraisal is typically sufficient. For business interests, a formal valuation by a CPA may be needed.
Step 6: Handling estate debts
Before the judgment of possession can issue, the decedent’s debts must be addressed. Louisiana has specific priority rules (La. C.C.P. art. 3191 and following) that determine which debts get paid first if the estate is insolvent:
- Funeral expenses (limited to a reasonable amount)
- Expenses of last illness
- Administrative costs of the succession
- Taxes owed by the estate
- Other creditor claims in order of recording or priority
For solvent estates, the priority doesn’t matter much — all debts get paid. For insolvent estates, it matters a great deal. An insolvent Louisiana succession may require formal administration with court supervision and creditor claim procedures, which adds time and cost.
Heirs do not have to pay estate debts out of their own money. But they cannot take possession of assets while there are outstanding debts unless the debts are explicitly assumed or the creditors are paid.
Step 7: The judgment of possession
Once all the pieces are in order — petition filed, will probated (if any), heirs identified and noticed, descriptive list prepared, debts addressed — the court issues the Judgment of Possession. This is the document that formally transfers ownership of the estate to the heirs.
The judgment of possession is critical for several reasons:
- It’s the legal instrument that makes the heirs the owners of Louisiana real estate. Title companies, land records offices, and buyers all rely on it.
- It’s what banks require to release the remaining funds in an account.
- It’s what the DMV requires to re-title vehicles.
- It’s the basis for transferring business interests to the heirs.
After issuance, the judgment should be recorded in the parish where any real estate is located (which may or may not be the parish where the succession was filed). Failure to record can create title problems years down the road when someone tries to sell.
Typical timeline: what “starting a succession” actually takes
A simple full succession without disputes or complications typically runs on this timeline:
Week 1–2: Initial consultation with attorney. Gather documents. Attorney drafts petition and descriptive list. Heirs review and sign affidavits.
Week 3: Petition filed with the district court. Filing fee paid (typically $300–$600 depending on parish).
Week 3–6: Notice to heirs. For routine uncontested cases, this can move quickly. For cases requiring an absent heir attorney, additional time.
Week 6–8: Court review of the petition and supporting documents. Judge signs off.
Week 8–10: Judgment of possession issued. Recording with parish records office. Presentation to banks, DMV, etc. to complete asset transfers.
A complex succession (contested will, insolvent estate, missing heirs, federal estate tax filing required) can take many months to a year or more. See our FAQ on avoiding delays in a Louisiana succession.
Do you need an attorney?
Technically, Louisiana allows persons to represent themselves in succession proceedings. Practically, very few do, and for good reason:
- Louisiana succession procedure is specific and unforgiving. A procedural misstep can cause real problems — documents that don’t meet form requirements get rejected; missed notices cause successions to be reopened years later; errors in the descriptive list can create tax consequences.
- Most of the “work” of a succession is drafting specific legal documents (petition, descriptive list, affidavits) with exact technical requirements. This is what attorneys do.
- Courts and court staff generally cannot give legal advice, even to pro se litigants. If your petition is deficient, the clerk will tell you it was rejected but not necessarily why.
The cost of a Louisiana succession attorney is modest relative to the assets being transferred. Most of our full-succession clients spend a total of 3–6% of estate value on legal fees and costs — far less than the cost of a real estate commission, and much less than the cost of fixing mistakes later.
When you should start (and when waiting is a mistake)
Louisiana has no strict deadline for opening a succession, but every year of delay compounds problems:
- Memories fade. Witnesses who knew the decedent’s family history (for the affidavit of heirship) may move away or die.
- Documents get lost. Wills, titles, and records have a way of disappearing over decades.
- More deaths happen. If an heir dies before the succession is completed, an entire new succession may be required for that heir’s estate, with all its own procedural requirements.
- Title clouds deepen. If a house goes 20 years without being properly transferred, by the time someone tries to sell, multiple generations of successions may all need to be run in order.
- Tax issues compound. Step-up in basis documentation may become difficult to establish years after the fact.
Most succession attorneys recommend starting the process within the first several months of death when possible.
Frequently asked questions
How much does it cost to start a Louisiana succession?
Court filing fees are $300–$600 depending on the parish. Attorney fees typically start at $750 for a small succession affidavit and $2,500 for a full judicial succession. For complex estates, fees can reach $10,000 or more. See our article on succession cost in Louisiana.
Can I start a succession before getting the death certificate?
No. The death certificate is a required supporting document. Order certified copies from the Louisiana Bureau of Vital Records or from the parish where the death occurred. Expect 1–3 weeks for processing.
What if the will names an executor who doesn’t want to serve?
The named executor can decline by filing a renunciation. If there’s a named alternate, they step in. If not, the court can appoint an administrator from among the heirs or an outside party.
What if I’m an heir but don’t know about all the other heirs?
Be honest with your attorney. The attorney should run an affidavit of heirship with witnesses who can identify every branch of the family tree. Missing heirs are one of the most common reasons a succession is later challenged. It’s better to spend an extra week verifying relationships than to face a challenge two years later.
Can multiple successions be running at the same time?
Yes. If the decedent was an heir of a previously-died relative whose succession was never completed, both successions need to be processed — typically the older one first so ownership can flow down through the chain. This is how “three generations of successions” situations develop.
What if the decedent had no Louisiana real estate?
A full succession may not be needed. If the only Louisiana assets are bank accounts or vehicles under the threshold, a small succession affidavit may suffice. Real estate is the asset most likely to force a full succession.
If you’re ready to start a Louisiana succession or just want to understand what’s involved before committing, contact Scott Law Group – Estate Counsel or call us at (504) 264-1057. Initial consultations are typically 30 minutes, and most clients leave with a clear plan and a fee estimate for their specific situation.
This article provides general information about Louisiana succession procedure and is not legal advice. Consult with a qualified Louisiana attorney before acting on any information in this article.