Detailed Answer: How real property title passes under a will in Louisiana

Short answer: Louisiana does not use the North Carolina concept called “probate without qualification.” Instead, Louisiana handles transfers after death through succession proceedings. To clear or transfer title to immovable property (real estate) that passes under a will, you will generally need to open a succession in the parish where the immovable is located so the court can recognize the will and authorize the person named in the will (the testamentary executor) or the heirs to take possession and transfer title.

Why Louisiana is different

Louisiana’s private-property and inheritance rules come from the Civil Code and a separate succession process. Many common-law states use a procedure called “probate” with options such as probate with or without administration. In Louisiana, the umbrella process is called a succession. That process confirms the will (if there is one), settles claims if necessary, and produces the court authority or notarial instruments needed to transfer immovable property.

Typical steps to transfer real property under a will (practical overview)

1. Find the original will and contact the named executor (if any). The original signed will should be filed with the Clerk of Court in the parish where the decedent lived or where the immovable is located.
2. Open a succession in district court. Someone (usually the executor named in the will or an interested heir) files a petition to open the succession in the appropriate parish court. The court will: 1) formalize the will (if valid), 2) identify heirs and successors, and 3) issue orders that let the executor or heirs take possession. In many cases the court can grant possession to heirs or issue an order that lets a notary prepare acts to transfer immovable property.
3. Executor or heirs get authority to act. If the will names an executor, that person must present the will to the court and be recognized. The court’s paperwork (an order, letters testamentary, or a judgment homologating the will) is the document most title companies and notaries rely on to confirm someone has authority to transfer immovable property.
4. Prepare a proper transfer instrument. In Louisiana, transfers of immovables are usually done through a notarial act (a deed executed before a notary public) or a court judgment assigning possession or confirming the transfer. The act should refer to the succession proceeding and provide any information required by the title company or the recorder of mortgages.
5. Record the act in the parish conveyance/recorder’s office. To change the public title record, the notarial act or judgment must be recorded in the parish where the immovable is located. That recording is what creates marketable title for a buyer or new owner.
6. Pay what’s required. The succession must address taxes, transfer fees, and possible creditor claims before final distribution if those matters exist. If the succession is uncomplicated (no claims and assets small), courts often allow quicker resolution and distribution to heirs.

When you might not need full administration

There are situations where the court can open a succession and permit immediate possession or a simple homologation of the will without lengthy administration—for example, when there are no known creditors or disputes and the assets are straightforward. However, even in streamlined cases you typically still need a court order or a properly executed notarial act tied to the succession to provide clear title for immovables. Title companies and buyers usually require court or notarial documents rather than an informal affidavit.

Common documents used to clear title in Louisiana

• Court judgment opening the succession and recognizing the will.
• Order granting possession to heirs or the executor.
• Notarial deed (act) transferring the immovable from the succession to an heir or purchaser.
• Certified copies of the will and any court orders.

Where to read the law

Louisiana succession rules are found in the Civil Code and related court procedure. For official statutes and to search current Louisiana laws, use the Louisiana Legislature’s site: https://legis.la.gov/Legis/LawSearch.aspx. Search terms like “succession,” “possession,” and “testament” will lead you to the applicable code and procedure provisions.

When to get help

If the decedent left immovable property, or if buyers or lenders require clear title, it is common and often necessary to involve a Louisiana attorney and a notary. An attorney can open the succession and advise whether the estate needs full administration, while a notary will prepare the authentic acts required to transfer immovable property and record them properly.

Helpful Hints

• Gather the original will, the decedent’s deed, mortgage statements, title insurance policy (if any), and identification for heirs or the executor before you go to court or a notary.
• If property is in multiple parishes, you will generally open succession where the decedent was domiciled; recording transfers must be done in each parish where immovable property is located.
• Do not rely on informal heirship affidavits for immovable property. In Louisiana, buyers and title companies usually require court orders or notarial acts tied to a succession to clear title.
• If creditors or disputes appear, the court can require full administration; that process takes longer and may delay transfer of immovables.
• Ask the clerk of the district court in the relevant parish for local filing rules—processes and local forms can vary by parish.
• Even with a straightforward will, plan for time: obtaining court orders, notarial acts, and recording can take several weeks to months depending on local practice.

Disclaimer: This article explains general Louisiana succession principles and is for educational purposes only. It is not legal advice. For case-specific guidance, contact a licensed Louisiana attorney or notary who handles successions and immovable transfers.