Detailed Answer
When heirs inherit immovable property in Louisiana, they first obtain a judgment of possession as part of the succession. After succession closes, each heir holds an undivided interest. To convey that interest, heirs typically execute one of two deeds:
- Act of Partition and Sale: Under Louisiana Civil Code art. 806–844, co-heirs may agree to partition property by private sale or licitation. They document this in an Act of Partition and then execute a Partition Deed that reflects each heir’s share allocation or the sale proceeds. See La. Civ. Code art. 806.
- Quitclaim or Cash Sale (Warranty) Deed: Once heirs have a judgment of possession, an individual heir can convey his undivided share using a Quitclaim Deed or a Cash Sale Deed. A Cash Sale Deed transfers full title and often includes warranties. A Quitclaim Deed conveys only the interest the grantor holds without warranties. See La. Rev. Stat. § 9:5081.
Recording the Deed
To record the deed, follow these steps:
- Have the deed drafted or reviewed by a Louisiana notary or attorney to ensure all formalities (notarial act, two competent witnesses, acknowledgments) are met.
- Submit the original signed act to the parish Clerk of Court’s conveyance or mortgage records where the property lies.
- Pay required recording fees and transfer taxes, if applicable.
- Provide correct indexing information: grantor, grantee, property description, and succession reference.
- Obtain a certified copy or filed-stamp copy for your records.
Recording secures notice in the public records, protecting the new owner’s title.
Disclaimer: This article provides general information under Louisiana law. It does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Helpful Hints
- Open and close the succession before attempting to convey any heir’s share.
- Engage a Louisiana notary to prepare and execute the deed correctly.
- Confirm recording requirements and fees with the parish Clerk of Court.
- Use the legal property description from the succession judgment or prior deed.
- Keep certified copies of all recorded documents in a safe place.