Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
How Some Real Property Transfers Automatically
In Louisiana, certain ownership arrangements bypass probate. These include:
- Usufruct and Naked Ownership: If you held property subject to another’s usufruct, you automatically regain full ownership at their death under La. Civ. Code art. 578-614.
- Transfer-on-Death Deeds (Stipulations pour autrui): A deed naming a beneficiary transfers title upon death without probate. See La. Rev. Stat. §9:3971 for requirements (§9:3971).
- Joint Ownership with Right of Survivorship: Louisiana allows co-owners to hold immovable property with a survivorship clause; the survivor gains title automatically.
- Life Insurance and TOD Accounts: Proceeds from life insurance or bank accounts titled “Payable on Death” go directly to named beneficiaries.
Why You Must Probate a Will for Other Assets
Most other assets—such as individually owned real estate without special designation, bank accounts in your name alone, or stock certificates—must pass through succession (probate) to transfer legal title. Probate validates the will, pays debts and taxes, and issues a judgment of possession.
Under Louisiana Code of Civil Procedure art. 3271, anyone with an interest in the estate may open a succession (CCP Art. 3271). After opening, the court issues a Certificate of Transfer or similar instrument to convey title to heirs and legatees.
Key Differences
- Automatic transfers need no court intervention. The law or contract creates an immediate shift in ownership at death.
- Probate applies to all other assets. It ensures clear title, handles creditor claims, and distributes property per the will or intestacy rules.
Helpful Hints
- Review all deeds and account forms to see if they include beneficiary designations or survivorship language.
- Store the original will in a safe, accessible place and inform your executor of its location.
- Consult a notary or attorney to draft a valid Transfer‐on‐Death deed under La. Rev. Stat. §9:3971.
- Obtain a certified copy of the death certificate to present at the succession court.
- File succession paperwork promptly—delays can increase costs and complicate creditor claims.