FAQ: When is probate (a succession) required if someone dies without a will in Louisiana?

Quick answer: In Louisiana, probate is called a “succession.” If a person dies without a will (intestate), you may need to open a succession in the district court where the person lived to transfer title to assets that were owned in the decedent’s name alone. However, not every asset requires a formal succession—some assets pass automatically (for example, joint accounts with right of survivorship or named beneficiaries) and some small successions can be handled with simplified procedures. Whether you must open a succession depends on what assets exist, how they are titled, and whether heirs can agree and collect property informally.

Detailed answer — How succession works in Louisiana when there is no will

Succession is the Louisiana term for the legal process that transfers a decedent’s property to heirs or legatees. When there is no will, the estate is distributed under Louisiana’s intestacy rules. Key points:

• What triggers a succession: If the decedent owned property solely in their name (real estate, bank accounts titled only in their name, vehicles, certain tangible personal property), someone generally needs to open a succession in the district court to clear title and legally transfer ownership.
• Who administers the succession: If there is no will naming an executor, the court will appoint an administrator (often a close family member or any interested person). The administrator collects assets, pays debts and taxes, and distributes the remainder to heirs under intestacy rules.
• Which assets do NOT require succession:
  • Assets with a valid beneficiary designation (life insurance, many retirement accounts) pass directly to the named beneficiary.
  • Property held in a form of survivorship ownership (such as some joint bank accounts titled “with right of survivorship” or certain community property arrangements) may pass directly to the surviving owner without succession.
  • Tangible personal property of nominal value and other very small assets may be collectible by family without formal succession, depending on the situation and bank or title company policies.
• Small or summary successions: Louisiana offers simplified procedures for small successions or for transferring certain categories of property without full formal administration. These allow quicker transfer of assets where the estate is small or certain conditions are met. Whether a simplified process applies depends on the type and total value of estate property and local court rules.
• Intestacy rules (who inherits): When there is no will, Louisiana law sets which relatives inherit and in what share. Spouses, children, parents, siblings and other relatives may inherit according to those statutory rules. The precise order and shares are governed by Louisiana succession law.
• Practical consequence: If heirs want to sell real estate, transfer a vehicle title, close bank accounts in the decedent’s name, or otherwise legally own property formerly in the decedent’s name, a succession (full or simplified) is often required to get clear title from institutions and the clerk of court.

Hypothetical examples

Example 1 — No succession needed: Marie dies leaving a bank account that names her adult daughter as payable-on-death beneficiary and a 401(k) that names the son as beneficiary. Those assets pass directly to the named beneficiaries without a succession.

Example 2 — Succession required: Andre dies owning a house titled only in his name and a checking account in his sole name. To sell the house and close the account, the heirs will typically open a succession so the court can appoint an administrator, pay debts, and transfer title to the heirs by court order.

Example 3 — Small succession/simplified procedure: Louise dies leaving only modest personal belongings and a small bank account. Depending on the size and local rules, the heirs may be able to use a simplified succession procedure to obtain the assets faster and with lower cost than a full administration.

Where to look in Louisiana law

Louisiana’s rules on succession and intestate succession are found in the Louisiana Civil Code and in procedural provisions administered by the district courts. For official statutory text and to search specific articles, consult the Louisiana State Legislature website: https://www.legis.la.gov/. You can search there for terms like “succession,” “intestate succession,” and “administrator” to find the Civil Code and Code of Civil Procedure provisions that apply.

Common questions heirs ask

• Can heirs just divide property among themselves without court involvement? Sometimes, if heirs all agree and institutions release assets based on their agreement, they can avoid court, but banks and title companies often require a court order for property titled only in the decedent’s name. Proceed with caution; informal splits can lead to disputes later.
• How long does a succession take? Timing varies. A simple, uncontested succession or summary proceeding can be resolved in weeks to a few months. A full administration with creditors to notify and debts to settle can take many months or longer.
• What costs are involved? Court fees, possible bond premiums for an administrator, attorney fees, appraisal costs, and costs of publishing creditor notices. Costs vary by estate complexity and local practice.

Helpful Hints

• Collect records first: death certificate, deed/title paperwork, bank statements, account beneficiary designations, and any documents showing joint ownership. That helps determine whether succession is necessary.
• Check beneficiary designations: retirement accounts and life insurance with valid beneficiaries typically avoid succession.
• Talk to the institutions: banks, DMV, and title companies will tell you their requirements to release assets or retitle property. Their demands often determine whether a court succession is practically necessary.
• Consider a simplified succession: if the estate is small or consists mainly of easily transferable property, ask the court or an attorney about summary or simplified succession procedures to save time and cost.
• Get legal help early if there are disputes among potential heirs, suspected creditors, or unclear ownership—an attorney can help avoid mistakes that lead to personal liability.
• Keep everything documented: written agreements among heirs, receipts for distributions, and court filings protect everyone and make final closing of the estate smoother.

Next steps

If you are handling the affairs of someone who died without a will in Louisiana, do these three things next:

1. Make an inventory of assets and how they are titled.
2. Contact the institutions that hold the assets and ask what paperwork they need to transfer or release property.
3. If more than a few assets are titled only in the decedent’s name, or if heirs disagree, consult a Louisiana attorney who handles successions to determine whether a formal or simplified succession is required.

Important disclaimer: This article explains general points about Louisiana succession law for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not cover every situation. For advice about a specific estate or to start a succession, consult a licensed Louisiana attorney.

Resources: Louisiana State Legislature — https://www.legis.la.gov/. For local filing procedures, contact the district court clerk in the parish where the decedent lived.