How to Include Real Property in a Louisiana Estate

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.

Detailed Answer

In Louisiana, including real property in a decedent’s estate requires several formal steps under the Civil Code and the Code of Civil Procedure. By following these steps carefully, you ensure that the property transfers smoothly to heirs or legatees.

1. Open the Succession

Within one year of the date of death, an interested person must file a petition to open the succession in the parish where the decedent was domiciled (La. C.C. art. 1001). This filing creates the succession estate and legally recognizes you as a party entitled to handle estate assets.

2. Inventory and Appraisement

After the succession is opened, you must inventory and appraise all assets, including real property. File the inventory with the clerk of court within three months of opening the succession (La. C.C.P. art. 3221). The court will set a hearing for the inventory report to be accepted.

3. Homestead Declaration (If Applicable)

If the property was the decedent’s primary residence, you may file a declaration of homestead protection. This protects a surviving spouse or minor children from forced sale of the homestead (La. C.C. art. 2911).

4. Act of Adjudication or Partition

Once the inventory is approved, heirs may choose to partition the estate or adjudicate (award) property to specific heirs. You must execute an Act of Adjudication or Act of Partition before a notary. This document specifies who receives the property and in what proportions (La. C.C. art. 1004).

5. Record the Act in Public Records

To transfer title officially, file the notarial Act of Adjudication or Partition with the parish recorder of mortgages (also known as the conveyance office). Recording gives public notice and clears title for the new owners.

6. Pay Applicable Fees and Taxes

Before recording, pay any required transfer taxes, registration fees, and court costs. If property has an outstanding mortgage or lien, ensure these are addressed—either by paying off the debt or arranging for assumption by an heir.

7. Close the Succession

After distributing all assets and paying debts, file a petition to close the succession. The court will issue an order discharging the succession representative and formally closing the estate (La. C.C.P. art. 3391).

Helpful Hints

• Collect all deeds and titles before opening the succession to streamline the inventory process.
• Consult a notary early; notaries in Louisiana assist with drafting and recording succession documents.
• Keep clear records of notices sent to known creditors to avoid claims after closing the succession.
• Verify property boundaries and survey records to prevent boundary disputes among heirs.
• Review forced heirship rules if the decedent left minor children or forced heirs (La. C.C. arts. 1493–1511).
• Consider title insurance for heirs to protect against unknown liens or title defects.