Short answer

If the decedent’s will is old, you still start succession (Louisiana’s term for probate) in the district court where the decedent lived. You must have the court appoint a succession representative (executor) and issue formal authority before selling immovable property unless all heirs give written consent or the will itself grants a clear power of sale. The court supervises notices to heirs and creditors, resolves competing claims, and can authorize a sale when necessary to settle debts or properly distribute assets.

Detailed answer — step by step

1. Confirm the will and the decedent’s domicile

Find the original will. An “outdated” will may still be the controlling testamentary instrument unless it was revoked or replaced by a later valid will or codicil. The court that handles successions is the district court in the parish where the decedent was domiciled at death. If you are unsure about domicile, collect facts: home address, voter registration, where they paid taxes, and where they intended to live permanently.

2. Decide whether to open a succession and which procedure to use

Louisiana uses succession proceedings rather than the probate procedure in many other states. Common paths include:

• Voluntary (informal) succession with agreement among heirs and no creditor issues.
• Formal (judicial) succession when there are creditor disputes, unclear heirship, conflicting wills, or when court authorization is needed to sell immovable property.

3. Petition the court to open the succession

A petition (or petition for possession or probate of the will) is filed in district court. The petition asks the court to:

• Recognize and admit the will (if one exists),
• Name a succession representative (testamentary executor or administrator),
• Order required notices to heirs and creditors, and
• Establish the authority needed to manage and transfer estate property.

4. Appointment of a succession representative and issuance of authority

Once the court appoints a succession representative, the representative receives written documentation (letters or court order) of their authority to act for the succession. That authority defines what they can do immediately and what requires further court approval.

5. Selling immovable (real) property — when you need extra authority

Important points about selling real property in a Louisiana succession:

• If the will explicitly grants the executor a clear power of sale (a power of attorney to sell immovables), that may permit sale without separate court authorization — but the language must be clear and consistent with Louisiana succession law.
• Absent a clear testamentary power of sale, the succession representative usually needs either the unanimous written consent of all heirs or a court order authorizing the sale.
• The court commonly authorizes sales when needed to pay creditors, partition the estate among heirs, or otherwise preserve estate value. The court may set terms for notice, appraisal, and confirmation of sale.
• If the estate contains a homestead or usufruct interests, those rights can affect the timing and authority to sell. The court will consider surviving spouse or forced heirs’ rights before authorizing sale.

6. Notices, inventory, and appraisals

The succession representative normally must inventory the estate and provide notice to known heirs and creditors. For court-authorized sales, the court will often require an appraisal or other valuation and notice to interested parties so they can object.

7. Pay creditors and distribute proceeds

Proceeds from any sale typically are used first to pay valid creditors, administrative costs, and taxes. Remaining funds are distributed to heirs according to the will, or if no valid will controls, according to intestate succession rules.

8. Clear title and transfer

After sale and court confirmation (if required), the representative executes the act of sale. A properly authorized sale followed by recording the act will transfer title to the buyer free of estate encumbrances created by the succession (subject to liens properly preserved and addressed during the succession).

Common issues with an “outdated” will and what to do

• If there is a later will or codicil, the later document controls. If there are competing wills, expect a contest in court.
• If assets named in the outdated will are no longer owned (e.g., the decedent sold the property during life), the legacy may fail or be reduced; the succession representative must trace asset ownership.
• If family or forced heirs (Louisiana’s reserved portion rules) are affected by the will, those heirs can assert forced heirship rights in the succession process.
• If the will’s executor named someone who predeceased the testator, the court will appoint a representative under succession rules unless the will names an alternate.

Documents and information you will typically need

• Original will and any codicils (if available).
• Death certificate.
• Decedent’s ID, last residence, and contact information for heirs and potential creditors.
• Property deeds, titles, mortgage statements, insurance policies.
• Recent bank statements, tax returns, and lists of personal property.

When to involve an attorney

Consider hiring a Louisiana succession attorney if:

• The will is contested or you expect disputes among heirs.
• There are significant creditors, business interests, or complex assets.
• The sale involves immovable property and you need court authorization.
• Forced-heirship or usufruct issues arise (these are unique aspects of Louisiana law).

An attorney can prepare pleadings, represent the representative at hearings, arrange appraisals, manage notices, and ensure the sale will produce marketable title.

Helpful hints

• Start by locating the original will — courts prefer originals, and copies can complicate proceedings.
• Collect and photocopy all property documents before filing; this speeds the inventory and valuation process.
• If all heirs agree to sell, get their agreement in writing and have it reviewed by counsel; even unanimous consent may not replace court approval in some circumstances.
• Ask the court clerk what local forms or procedures your parish uses for small successions or uncontested matters—procedures vary by parish.
• Keep a clear paper trail of notices, appraisals, and receipts — courts rely on documented proof when confirming sales and distributions.
• Be mindful of time limits for creditors’ claims; failing to follow notice rules can leave the estate exposed to late claims.