Detailed Answer

Short answer: Yes — heirs of a deceased sibling can and generally must be included in a Louisiana partition action if the deceased sibling owned (or had an inherited interest in) the property at the time of death. To add them, you must identify who the heirs are, name them as parties in the partition petition (or join the succession representative), and effect proper service so the court can adjudicate each person’s share.

How this works in Louisiana — plain terms

Partition is the court process that divides commonly owned immovable property (land, buildings) among co-owners or sells it and divides the proceeds. If a co-owner died before the partition, the deceased’s ownership interest does not vanish — it passes to the deceased’s heirs or to a legatee under a will. Those heirs step into the deceased owner’s place as co-owners. Because partition determines everyone’s rights and the final disposition of the property, the heirs must be made parties so the court can bind them by its judgment.

Step-by-step: adding heirs of a deceased sibling to a partition action

Confirm whether the deceased owned an interest at death. Review title records, deeds, and any wills. If the deceased’s name appears as an owner when they died, their interest passed to heirs or legatees.
Identify the heirs. If the deceased left a will, the will names the legatees. If not, Louisiana’s intestacy rules determine heirs (spouse, children, parents, siblings, etc.). You may need to open a succession record in the parish where the deceased lived to establish the heirs officially.
Decide whether a succession must be opened first. If title still shows the deceased as owner and no succession judgment has transferred title, most attorneys open a succession proceeding (or ask the court to join the succession representative) so the proper parties are before the court and the title can be cleared for partition. In some cases the partition court allows joinder of heirs directly, but often the succession process clarifies who must be joined and who represents the estate.
Name the heirs or the succession representative in the partition petition. When you file the partition petition, list each heir by name and their last-known address. If a succession has been opened and an administrator (or notary/executor) was appointed, name that person in the petition as the representative of the deceased owner’s succession.
Effect proper service. Serve each named heir or the succession representative following Louisiana service rules. If an heir is a minor or incapacitated, the court may require appointment of a curator or guardian ad litem. If an heir’s identity or location is unknown after reasonable investigation, the court may permit service by publication and allow appointment of a curator to represent missing or unknown heirs.
Provide supporting documents. Attach the deceased owner’s death certificate, copies of deeds, any will, and any probate/succession documents you have. Those documents help the court verify ownership transmission and determine shares.
Ask the court for what you need. Typical requests in the petition include (a) declaratory relief identifying co-owners and their shares, (b) partition in kind (division) if practicable, or (c) partition by licitation (sale) and division of proceeds if the property cannot be fairly divided.
Respond to defenses or succession complications. Heirs might contest shares, claim prior conveyances, or assert that the succession wasn’t opened correctly. These issues can require additional pleadings or separate succession litigation before final partition.

Special situations to watch for

If an heir is a minor or interdicted, the court will require a guardian or curator; do not try to proceed without that representative.
If an heir lives out of state or cannot be located, Louisiana law allows alternative service methods (including service by publication) after the court finds proper attempt to locate the person.
If the deceased’s interest already passed by an earlier judgment or deed, you must examine those records — you may be adding different parties than the deceased’s intestate heirs.
If there are creditors of the succession, their rights sometimes affect partition proceeds; succession administration can resolve those claims first.

Where to look in Louisiana law

Louisiana’s rules on succession (who inherits) and partition (how to divide co-owned property) are set out in state law and court procedure. For primary source materials and the exact statutes and procedural articles that apply in your parish, consult the Louisiana Legislature’s law search: https://legis.la.gov/Legis/LawSearch.aspx. Search terms that are helpful: “succession,” “intestate succession,” and “partition” or “partition action.”

When you should talk to an attorney

Because succession, property title, and joinder rules can be technical and mistakes can cause loss of rights (for example, failing to join an heir can allow that heir to challenge the partition later), consult a Louisiana attorney experienced in successions and partition litigation if:

Heirs are unknown, heirs dispute shares, or someone refuses to sign documents;
Minors or interdicted persons are involved;
Title is contested or there are prior conveyances or liens;
You need guidance on whether to open a succession first or to name the succession representative in the partition action.

Disclaimer

This article is for general informational purposes only and is not legal advice. Laws change and each case turns on its facts. Consult a licensed Louisiana attorney to apply the law to your situation.

Helpful Hints

Gather a certified copy of the deceased’s death certificate early — courts and title companies will require it.
Get a current title search and copies of deeds before you file; knowing exactly who is on title prevents missed parties.
If a will exists, locate the original and any probate opening documents; the executor/administrator is usually the party to join.
Make a list of all potential heirs by asking family, checking the deceased’s personal papers, and reviewing social media or public records.
If you cannot find an heir, document your search efforts (mail, phone, records) so the court can permit service by publication if necessary.
Consider mediation or an agreed partition (sale and split of proceeds) — courts encourage settlement and it often saves time and expense.
Keep deadlines in mind: service, exceptions, and joinder rules have time limits in Louisiana procedure. Missing a deadline can complicate or delay partition.
Ask whether partition in kind (physical division) is feasible — sometimes a buyout or sale is more practical and less likely to spark disputes.