Detailed Answer
When a property owner in Louisiana dies without a will (intestate), state law governs how the home passes to heirs. Louisiana applies forced heirship rules and intestate succession under the Louisiana Civil Code Title 9, Chapter 3.
1. Identify Intestate Successors
Louisiana Civil Code articles 877–889 outline who qualifies as an heir. Generally, heirs include:
- Surviving spouse
- Children (including adopted)
- Parents
- Siblings and other relatives (if no spouse or descendants)
2. File for Succession
An heir or creditor must file a succession petition with the parish court where the decedent lived. If the estate qualifies as a “small succession” (total assets under $75,000, excluding homestead), use a summary process under Louisiana Code of Civil Procedure Art. 3601–3609.
3. Inventory and Notice
The court requires an inventory listing the home’s value. The clerk notifies all heirs. Each heir then declares acceptance or renunciation of the inheritance.
4. Act of Possession and Title Transfer
Once the court closes the succession, it issues an act of possession. Recording that act in the parish conveyance records transfers title to the heirs. Louisiana Civil Code Art. 1021 covers this process.
5. Partition Among Multiple Heirs
If more than one heir inherits the home, they co-own the property. They can:
- Agree to divide the property physically (partition in kind)
- Sell the home and split proceeds
- Request a judicial partition under Louisiana Civil Code Art. 817–847
Helpful Hints
- Gather the death certificate, property deed, and heir information before filing
- Consult parish court clerks for local filing fees and forms
- Consider mediation if heirs disagree on partition methods
- Keep copies of all court filings and recorded acts
- Hire a notary or attorney to ensure proper recording and titles
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for advice on your specific situation.