Detailed answer — step‑by‑step under Louisiana law

1. Confirm intestacy and identify likely heirs

When someone dies without a valid will in Louisiana, they die “intestate.” Louisiana’s succession laws (found in the Civil Code) determine who the legal heirs are. Common heirs are children and a surviving spouse, but the exact share each heir receives depends on family status at death (marriage, divorce, surviving spouse, number of children, etc.). Because Louisiana law treats succession differently from many other states (for example, the concept of usufruct for the surviving spouse), it is important to identify heirs early.

For statutory text and to review the Civil Code on succession, search the Louisiana laws at the Legislature website: https://legis.la.gov/Legis/LawSearch.aspx (search “Civil Code book III succession”).

2. Gather key documents

• Certified death certificate for your parent.
• The property deed (showing how title was held) and current mortgage statement(s).
• Any documents showing ownership details (trust documents, beneficiary deeds, community property documentation if married, etc.).
• Identification for heirs, birth certificates proving relationship, marriage certificate if a surviving spouse exists.
• Copies of bills, statements, and a list of known debts and assets.

3. Determine whether the property passes automatically or requires succession

Some property transfers avoid succession if title already names beneficiaries or if the property is owned in a way that passes automatically (for example, certain joint ownership forms). In Louisiana, the most common situation is that the house is in the decedent’s name alone and must pass by succession.

4. Decide between summary (informal) succession and formal administration

If the estate is simple, the heirs may be able to handle the transfer through an uncontested summary or simplified succession procedure. If there are disputes between heirs, significant debts, creditors to notify, a surviving spouse asserting rights (usufruct), or complex assets, a formal succession with an executor (called a administrator or executor depending on the case) may be required.

5. File the succession with the proper court

You must open succession in the parish (county) court where the decedent was domiciled at death. The petition or application will ask the court to recognize heirs and authorize transfer of the property. The clerk of court or a succession attorney can tell you the exact documents to file in your parish.

6. Court process: heirs, creditors, and transfer

The court will determine the heirs and may require notice to creditors. In many successions there is a period during which creditors can present claims against the estate. Once the court is satisfied and any required delays have passed, the court issues a judgment of possession or other documents that permit transfer of title to the heirs. The heirs then record the judgment (or a notarial act) at the parish recorder of mortgages/land records to put the property in their names.

7. Special Louisiana concepts to watch for

• Usufruct for a surviving spouse: Louisiana often gives a surviving spouse a usufruct over the deceased spouse’s estate (the right to use the property and receive income from it), while children receive the bare ownership. That means the surviving spouse may have rights that limit a clean, immediate transfer of full ownership to children without further action (for example, by both spouses or heirs agreeing to partition or by terminating the usufruct under legal conditions).
• Community property rules: If the decedent was married, property classification (separate vs. community) affects how much of the house belongs to the estate and how it passes.
• Liens and mortgages: The house may carry mortgages or judgments that must be addressed before clear title is transferred.

8. After court judgment — record the transfer and handle title

Once you have the court judgment, decree of possession, or notarial act transferring ownership to the heirs, record it at the parish office that records real estate (often called the Clerk/Recorder of Mortgages or Conveyances). Pay any transfer or recording fees and request a title search to confirm the record chain is clear. If there is a mortgage, contact the lender about payoff or assumption requirements.

9. Consider partition or sale if heirs don’t want to co‑own

Heirs can agree to keep the house as co‑owners, partition it (physically or by sale), or sell it and divide proceeds. If heirs cannot agree, a partition action can be filed in court to force sale and distribution of proceeds.

10. Taxes and final accounting

File any estate tax returns if required (Louisiana currently does not have a separate state estate tax, but confirm for current law and any local obligations). Pay outstanding property taxes and file final income tax returns for the decedent. The succession process normally includes settling debts and making a final accounting for heirs and creditors.

When to hire an attorney

Hire a Louisiana succession attorney if any of these apply: competing claims among heirs; a surviving spouse claiming usufruct; substantial debts or mortgages; title defects or unknown liens; or when you simply want to avoid mistakes in court filings. An attorney can prepare the petition, advise on whether a summary succession is appropriate, and handle recording and creditor notices.

Where to read the law: For the statutory framework on succession, consult Louisiana’s laws on the state legislature site (search “Civil Code succession”): https://legis.la.gov/Legis/LawSearch.aspx.

Helpful hints

• Get multiple certified death certificates early — courts, banks, and the recorder will require them.
• Do a title search before filing anything so you know about mortgages, liens, or recorded interests.
• If there is a surviving spouse, ask about usufruct and how it affects your plan to transfer or sell the house.
• Check the parish clerk of court website where your parent lived for local forms, filing fees, and clerk contact info.
• Keep careful records: inventories, creditor claims, receipts for estate payments, and court filings.
• If everyone agrees and the estate is small, ask the clerk or an attorney whether a simplified succession or notarial transfer is possible in your parish.
• Don’t assume joint action: some transfers require all heirs to sign or a court order; do not record a deed until a court judgment or proper notarial act is obtained.
• Budget for legal fees, recording fees, lien payoffs, and any required taxes or homestead issues.