Succession (Probate) Services
Guidance for Settling Estates and Transferring Property in Louisiana
Louisiana Succession Services for Real Estate
A succession in Louisiana is the legal process used to move property out of a deceased person’s name and into the names of rightful heirs. When someone passes away owning real estate, this step is usually required before the property can be sold, refinanced, or legally inherited. Families throughout New Orleans, from Gentilly to Algiers, often reach out to Gulf South Title when a house or rental property still lists a deceased owner on title. Our team streamlines the process so heirs can move forward with clarity and confidence.
When a Succession is Required
If the deceased’s name remains on a deed, a succession must typically be opened before the heirs can take any action involving the property. Small alternatives exist for very limited estates, but real estate almost always requires a judicial succession. Many new clients ask how to handle inherited homes in Orleans Parish or Jefferson Parish, and our attorney reviews the situation to determine what type of succession is needed.
The Succession Process
What Families and Investors Can Expect
Our succession process is designed to remove confusion at a difficult time. We begin by gathering essential details about the deceased, including a death certificate, family structure, and information about assets. Clients often ask what they need to bring, and we outline everything during the initial consultation so the process moves smoothly.
Preparing and Filing the Court Petition
Once we have the necessary information, our attorney prepares the petition and files it with the parish court. If there is a will, it is submitted for probate. If not, we proceed under Louisiana’s intestate rules. The petition identifies the heirs and describes the property involved, setting the stage for legal transfer.
Receiving the Judgment of Possession
The court ultimately issues a Judgment of Possession, which formally places the property into the heirs’ names. Once recorded, this judgment updates public records and allows heirs to sell, refinance, or maintain the property. Gulf South Title manages the recording process to ensure everything is legally recognized.
How Long a Succession Takes
Uncontested successions can often be completed in one to two months once all documentation is ready, though timing varies. When a pending sale is involved, we coordinate timelines carefully. In many situations, the judgment is signed just before the real estate closing so families experience a seamless transition.
A One-Stop Solution for Probate and Real Estate
Gulf South Title offers legal support for the succession itself and can also handle the resulting sale or transfer. This combined approach reduces delays and ensures the court judgment, property records, and closing documents all align. Heirs appreciate that one team manages everything from the initial petition to the final sale, without having to coordinate among separate offices.
Selling a Home You’ve Inherited
Heirs who choose to sell an inherited property can complete the succession either before the sale or at the same time. Our attorney and closing team coordinate everything so the judgment is signed and recorded in time for the transfer. In some cases, families complete the legal and real estate steps in a single day, making the experience more manageable.
Buying Property From an Estate
Investors and homebuyers sometimes discover that a seller has passed away and the property cannot be conveyed. Gulf South Title works with the heirs to complete the succession and bring the property to market legally. This opens opportunities in neighborhoods across New Orleans that other buyers might overlook.
Planning Ahead to Reduce Future Complications
Completing a will or broader estate plan can make successions easier for your loved ones. While some clients come to us with no prior planning, we help them navigate the process and encourage proactive measures to avoid delays in the future.
Affordability and Efficient Structuring
Many people worry about the cost of probate. Gulf South Title keeps the process efficient, and when we also handle the real estate closing, fees can be more manageable. Costs vary depending on complexity, and we provide a clear quote before beginning. Some clients choose to deduct certain fees from sale proceeds when we handle both the succession and closing.
Resolve Your Succession and Move Property Forward
Whether you are dealing with a family home in Mid City or an investment property in St. Bernard Parish, Gulf South Title helps you complete the legal steps required to transfer ownership. Our succession services give heirs and buyers a clear path toward finalizing their plans and moving ahead.
Frequently Asked Questions
I heard Louisiana doesn’t use the word probate – what is succession?
In Louisiana, the process of settling a deceased person’s estate is called succession. It serves the same purpose as probate in other states and is often required to transfer real estate.
Can Gulf South Title help if a property owner dies and the heirs want to sell?
Yes. We initiate the succession process, obtain court authorization, and can handle the closing once the title is ready to transfer. This dual approach simplifies the experience for heirs.
Why should I make a will? What happens if I don’t have one?
Without a will, Louisiana law controls who inherits, which might not reflect your wishes. For example, a surviving spouse might not receive everything if there are children. A will gives you control and streamlines the succession process.
What is a power of attorney and when would I need it in real estate?
A power of attorney allows someone to act legally on your behalf—often needed when you can’t attend a closing or want a trusted person to manage your affairs. We prepare POAs that meet Louisiana’s strict requirements.