Detailed Answer

This FAQ explains the typical steps to re-record or update a joint survivorship deed in Louisiana after one or more co-owners have died. It is written for readers with no legal background. This is general information only and not legal advice. Consult a Louisiana attorney for guidance specific to your situation.

Key concepts you should know

• Joint survivorship deed: a deed that names two or more co-owners and specifies that when one owner dies, the surviving owner(s) automatically receive the deceased owner’s share by right of survivorship.
• Recording: filing documents (deeds, affidavits, death certificates) in the parish where the immovable property is located so the public record shows current ownership.
• Succession (probate): the Louisiana process for transferring property when there is no surviving joint owner by survivorship or when all co-owners are deceased. Successions are handled in the parish court system.

Step-by-step: What to do after a co-owner dies

Follow these steps in order. Which steps you must complete depends on two facts: (A) whether the deed actually creates a right of survivorship and (B) whether any co-owner survived the deceased owner.

1. Locate the deed and read it carefully

Find the recorded deed for the property. Look for explicit words creating a survivorship interest (for example, language that names the owners “as joint tenants with right of survivorship,” or similar survivorship language). If the deed creates survivorship, title typically passes automatically to the surviving owner(s) by operation of law. If the deed does not create survivorship, the deceased owner’s interest usually passes through succession.

2. Obtain certified death certificate(s)

Get a certified copy of the deceased owner’s death certificate from the state vital records office or the parish health department. The recorder/registrar will generally want a certified death certificate to prove the owner died.

3. Determine whether a surviving joint owner exists

• If at least one co-owner named on the survivorship deed is still alive, that surviving co-owner typically becomes sole owner automatically.
• If all co-owners named on the deed are deceased, there is no surviving joint owner and the property will usually pass by succession to heirs or legatees.

4A. If a surviving joint owner exists: record proof and update the public record

Although title passes automatically, you should record an instrument that updates the public record so title searches show the correct owner. Typical actions:

• Prepare an Affidavit of Death of Joint Owner (sometimes called an Affidavit of Survivorship). The affidavit should cite the recorded deed (book/page or instrument number), identify the deceased owner, identify the surviving owner(s), and attach the certified death certificate.
• Sign and notarize the affidavit (Louisiana requires notarial acknowledgment for many instruments affecting immovables).
• Record the affidavit and a certified copy of the death certificate in the parish where the immovable property is located at the Clerk of Court / Recorder of Mortgages (or Recorder of Conveyances) office.
• Optional: some people also record a corrective or confirmatory new deed (a one-owner deed from the surviving owner) for clarity; this can help with title insurance or future financing/sale.

These filings make the public records reflect that title vested in the surviving owner. Contact your parish recorder’s office to confirm their required form and recording fees.

4B. If no surviving joint owner exists: open a succession in the correct parish

If all named co-owners have died, the property does not pass by survivorship and must be transferred through a Louisiana succession. Basic steps:

• Determine whether there is a will and who the heirs or legatees are.
• Open the succession in the parish where the deceased person’s immovable property is located. The succession process in Louisiana is handled by the Clerk of Court (or the appropriate parish court) and follows Louisiana succession rules.
• If the succession is uncontested and qualifies, heirs may use a simplified procedure (for example, an informal succession or a petition for possession) to obtain title. In other cases, a formal probate may be required.
• Once succession is completed, the court or notarial act will produce documents (a court judgment of possession, an act of possession, or an authenticated deed) that can be recorded. Record those documents in the parish conveyance/recorder’s office to update title.

Because successions in Louisiana involve particular formalities (community vs. separate property, forced heirship, and other Civil Code rules), consult a Louisiana attorney or the Clerk of Court before filing.

5. Prepare and record the appropriate document

Which document you record depends on the prior steps:

• Survivor(s) present and affidavit prepared: record the Affidavit of Death of Joint Owner and certified death certificate.
• Succession completed: record the court judgment or act of possession, and then record a new deed conveying title to heirs/legatees (or an act of cash sale if property sold in the succession).

Recordation updates the chain of title so future purchasers, lenders, and officials see the correct owner.

6. Pay any transfer-related fees and comply with municipal/parish tax rules

Recordation fees, documentary stamps, and parish property tax updates may apply. The parish assessor’s office must be notified to update tax rolls. If succession documents transfer ownership, the recorder’s office or assessor may require additional filings or tax certificates.

7. Order a title search or title insurance update

After recording, get a title search or notify your title insurer to update the policy. This confirms there are no unrecorded liens or defects.

Where to file and who to contact in Louisiana

Record deeds and affidavits in the parish where the immovable property is located at the parish Clerk of Court (often called Recorder of Mortgages or Conveyances in that parish). For local rules, required forms, and fee schedules, contact the specific parish Clerk of Court. General information about Louisiana laws and statutes is available from the Louisiana Legislature: https://legis.la.gov/.

When you should get legal help

• If the deed’s language is unclear about survivorship.
• If all co-owners are deceased and you need to open a succession or there is a dispute between potential heirs.
• If there are liens, mortgages, creditors, or tax arrearages attached to the property.
• If you need to clear title for sale or refinancing.

Practical timeline and typical costs

Recording an affidavit of death typically takes a few days once the certified death certificate and notarized affidavit are ready. Opening a succession can take weeks to months depending on complexity. Recording fees are modest for affidavits; succession and notarial fees vary widely. Ask your parish Clerk of Court or a Louisiana attorney for estimates.

Disclaimer

This article is for general informational purposes only and is not legal advice. Laws and procedures differ by parish and can be complex. Consult a licensed Louisiana attorney for advice tailored to your circumstances.

Helpful Hints

• Start by locating the recorded deed and reading it — the deed language controls survivorship rights.
• Obtain certified death certificates early — recorders and courts require them.
• Call the parish Clerk of Court / Recorder’s office before preparing documents; they can list specific recording requirements and fees.
• If you plan to record an affidavit of death, make it notarized and include the recorded deed reference (book/page or instrument number) so it links clearly to the title chain.
• When in doubt about succession rules or forced heirship issues, consult a Louisiana attorney — successions can be legally and emotionally complicated.
• Keep copies of all recorded documents and the recording receipts; these prove you updated the public record.
• If you expect to sell or refinance, update title insurance after recording so the policy reflects current ownership.
• Use the Louisiana Legislature website for statutory research and to find official resources: https://legis.la.gov/