What Is an Ancillary Succession in Louisiana?

What is an ancillary succession in Louisiana?

An ancillary succession is a second succession proceeding, opened in Louisiana, for the Louisiana property of a person who lived and died in another state. The main estate is handled by a court in the home state. The Louisiana ancillary succession handles only the property located in Louisiana, usually real estate, camps, land, and mineral rights.

A Louisiana ancillary succession follows the same procedure as the succession of a Louisiana resident, except where the law provides otherwise (La. C.C.P. art. 3401). The Louisiana ancillary succession ends the same way: with a judgment of possession that places the heirs or legatees in ownership of the Louisiana property.

When is an ancillary succession required in Louisiana?

An ancillary succession is required when a person who died domiciled in another state owned Louisiana property that does not pass automatically to a named beneficiary.

Louisiana does not recognize transfer-on-death deeds or joint tenancy with right of survivorship for real estate, so Louisiana real estate owned by an out-of-state resident almost always passes through a Louisiana succession. See when a succession is required in Louisiana.

Where do you file an ancillary succession in Louisiana?

A Louisiana ancillary succession is filed in the district court of a parish where the deceased person’s Louisiana real estate is located. When the deceased person owned no Louisiana real estate, the ancillary succession is filed in a parish where the Louisiana movable property is located (La. C.C.P. art. 2811).

Is an out-of-state will valid in Louisiana?

Yes. A will is valid in Louisiana as to form if it is in writing and was made in compliance with Louisiana law, the law of the state where it was signed, or the law of the state where the deceased person lived when signing it or at death (La. C.C. art. 3528). An out-of-state will does not need to be rewritten in Louisiana form to control Louisiana property.

How the out-of-state will is handled depends on whether the home-state court has already probated it.

Can an out-of-state executor handle Louisiana property?

Not until the executor qualifies in Louisiana. An executor or administrator appointed by a court in another state can act on Louisiana property only after qualifying in a Louisiana court (La. C.C.P. art. 3402). Letters testamentary from Texas, Arkansas, or any other state do not give authority to sell or transfer Louisiana property on their own.

After qualifying, the out-of-state executor has the same rights and obligations as a succession representative originally qualified in Louisiana. Any interested person can ask the court to require bond for good cause, even when the will waives bond (La. C.C.P. art. 3402). Because an ancillary succession follows the same procedure as any Louisiana succession, the heirs can use independent administration on the same terms, and an ancillary succession with nothing to administer can send the heirs into possession without appointing anyone.

Can a small succession affidavit replace an ancillary succession?

Yes, when the Louisiana property is worth $125,000 or less. A Louisiana small succession affidavit can transfer the Louisiana property of a person who died domiciled in another state without a will, or whose will was probated by a court of another state, when the Louisiana property has a gross value of $125,000 or less (La. C.C.P. art. 3431).

Act 293 of 2026 raised the Louisiana small succession limit to $200,000 only for people who died domiciled in Louisiana. The limit for an out-of-state owner’s Louisiana property remains $125,000. When the out-of-state owner left a will, certified copies of the will and the other state’s probate order are attached to the affidavit (La. C.C.P. art. 3432.1). The affidavit is recorded in the conveyance records of each parish where the real estate is located. See Louisiana small succession: the $200,000 limit, affidavit, cost and timeline.

Which state’s law decides who inherits Louisiana property?

Louisiana law decides who inherits Louisiana real estate and mineral rights, even when the owner lived in another state (La. C.C. art. 3533). The law of the state where the deceased person lived decides who inherits movable property such as bank accounts (La. C.C. art. 3532).

A forced heir in Louisiana is a child of the deceased who is 23 or younger at the time of death, or a child of any age who is permanently unable to care for himself or herself because of a mental incapacity or physical infirmity (La. C.C. art. 1493). Most out-of-state families have no forced heir living in Louisiana, so the will controls the Louisiana property.

Do Louisiana mineral rights require an ancillary succession?

Yes. Louisiana treats a mineral right as an immovable, located in the parish or parishes where the land burdened by the mineral right lies, and every judgment affecting a mineral right must be recorded in that parish (La. R.S. 31:18). Mineral rights and royalties under land in Caddo, Bossier, DeSoto, and other North Louisiana parishes pass to out-of-state heirs only through a Louisiana ancillary succession or a recorded Louisiana small succession affidavit.

Oil and gas operators pay royalties to the heirs after receiving the recorded judgment of possession or small succession affidavit. Greenwald Law Firm sends the judgment of possession or affidavit to the operator so the operator can update its records and issue payments to the heirs.

Talk to a Shreveport succession lawyer

Greenwald Law Firm handles Louisiana ancillary successions for families who live in Texas, Arkansas, and other states. Greenwald Law Firm charges a flat fee for successions, generally between $2,500 and $5,500, that includes court costs. For what each path costs, see how much a succession costs in Louisiana. Talk to a Shreveport succession lawyer →

For the full Louisiana succession process, see the Louisiana Succession Guide.

Reviewed by Joseph W. Greenwald, Jr., attorney at Greenwald Law Firm, practicing law in Louisiana since 1998 (Louisiana State Bar Association #25402). Last updated Oct. 2, 2026

This page provides general information about Louisiana successions and is not legal advice. For advice about a specific succession, consult a licensed Louisiana attorney.