When Is a Succession Required in Louisiana?

A Louisiana succession is required whenever a deceased person owned property in the deceased person’s own name that does not pass automatically to a named beneficiary. Real estate, bank accounts with no payable-on-death beneficiary, vehicles, and business interests titled to the deceased person all require a Louisiana succession before heirs can sell, transfer, or use them. A Louisiana succession does not always mean court: a succession of $200,000 or less can often be completed with a small succession affidavit. Greenwald Law Firm opens successions for families in Shreveport, Bossier City, and across North Louisiana.

Which assets require a succession in Louisiana?

Every asset the deceased person owned falls into one of two groups: property that passes through the Louisiana succession, and property that passes directly to a named person outside the succession. Only the first group requires a succession.

Does this asset require a Louisiana succession?
AssetRequires a succession?
House, land, or camp titled to the deceasedYes
Deceased's half of community property with a surviving spouseYes — the surviving spouse already owns the other half
Bank account in the deceased's name with no payable-on-death beneficiaryYes
Vehicle titled to the deceasedYes
LLC, partnership, or closely held business interestYes, unless a buy-sell or operating agreement transfers it
Life insurance with a named beneficiaryNo — paid directly to the beneficiary
IRA, 401(k), or pension with a named beneficiaryNo — paid directly to the beneficiary
Payable-on-death (POD) bank accountNo — paid directly to the named payee
Stocks or brokerage account registered transfer-on-death (TOD)No — transfers to the TOD beneficiary
Property held in a trustNo — passes under the trust

Life insurance, retirement accounts, and POD or TOD accounts only skip the Louisiana succession when a living beneficiary is named. A policy or account with no named beneficiary, or with the estate named as beneficiary, becomes part of the succession.

Does real estate always require a succession in Louisiana?

Yes. Louisiana real estate titled to a deceased person requires a Louisiana succession before the heirs can sell, mortgage, or insure title to it, regardless of the property’s value. Louisiana has two gaps that surprise families moving from other states:

  • Louisiana has no transfer-on-death deed. A “beneficiary deed” does not transfer Louisiana real estate at death.
  • Louisiana does not recognize joint tenancy with right of survivorship for real estate. When two people own a Louisiana house together and one dies, the deceased owner’s share does not pass automatically to the survivor. The deceased owner’s share passes through a Louisiana succession.

Louisiana real estate does not always require a court proceeding. When the deceased died domiciled in Louisiana with a gross estate of $200,000 or less and no will, a small succession affidavit recorded in the parish conveyance records transfers the real estate without opening a court succession. See Louisiana small succession: the $200,000 limit, affidavit, cost and timeline.

Is a succession required if there is a will in Louisiana?

Yes. A Louisiana will does not transfer property by itself. A Louisiana will takes legal effect only after the court probates the will in a succession proceeding, and the heirs and legatees hold legal title only after the court signs a judgment of possession.

How the will is probated depends on the type of will:

How a Louisiana will is probated
Type of willWhat the court requires
Notarial will (signed before a notary and two witnesses)No proof needed. The court orders the will filed and executed, and that order has the effect of probate (La. C.C.P. art. 2891).
Olographic will (entirely handwritten, dated, and signed by the deceased)Proof that the handwriting and signature belong to the deceased, usually by affidavits or testimony of people who knew the handwriting.
Will probated in another stateAn ancillary Louisiana succession for Louisiana property.
Woman thinking about whether a Louisiana succession is required after a family member's death

A will narrows the small succession affidavit option but does not always eliminate it. A Louisiana resident who left a will can use a small succession affidavit only if the resident owned no Louisiana real estate, the gross estate is $200,000 or less, and the surviving spouse and all heirs and legatees agree to waive probate (La. C.C.P. art. 3431). A Louisiana resident who left a will and owned Louisiana real estate requires a court succession.

Is a succession required when a spouse dies in Louisiana?

Yes, when the deceased spouse owned property that does not pass to a named beneficiary. Louisiana is a community property state, so the surviving spouse already owns one-half of the community property and keeps that half without a succession. The deceased spouse’s one-half of the community, and any separate property of the deceased spouse, passes through a Louisiana succession to the heirs or legatees.

When the deceased spouse left no will and had children, the children inherit the deceased spouse’s half of the community, and the surviving spouse receives a usufruct over that half — the right to use and live in the property — until the surviving spouse dies or remarries.

Is there a deadline to open a succession in Louisiana?

No. Louisiana sets no fixed deadline to open a succession, and a Louisiana succession can be opened years or decades after the date of death. Louisiana also sets no waiting period: a family can open a succession or sign a small succession affidavit as soon as the documents are ready.

Delay is still expensive. The practical deadline arrives when the family needs to sell the house, refinance, access a frozen account, or settle title before another heir dies.

What happens if you don’t open a succession in Louisiana?

Property stays titled to the deceased person, and nobody can legally sell or transfer it. The problems grow with every year the Louisiana succession is left unopened.

What happens without a Louisiana succession
AssetResult
House or landHeirs cannot sell, mortgage, or refinance it, and title companies will not insure it. Public records still show the deceased as owner.
Bank account with no POD beneficiaryThe bank will not release the account to the heirs without a judgment of possession or a small succession affidavit, apart from limited small-amount exceptions.
VehicleThe Louisiana Office of Motor Vehicles will not retitle it to an heir.
Family property across generationsWhen an heir dies before the first succession is opened, the family must open both successions, in order, before title can pass.

A family agreement does not replace a Louisiana succession. Heirs who agree among themselves about who gets the house still cannot transfer title, and a deed signed “from” the deceased person after death transfers nothing.

When is a Louisiana succession required for someone who lived in another state?

A Louisiana succession is required when a person who died domiciled in another state owned Louisiana real estate or other property located in Louisiana. The out-of-state probate order does not clear Louisiana title. The family opens an ancillary succession in Louisiana for the Louisiana property. An ancillary succession of Louisiana property worth $125,000 or less may qualify for a small succession affidavit; Act 293 of 2026 raised the limit to $200,000 only for people who died domiciled in Louisiana.

See ancillary succession in Louisiana.

Where do you open a succession in Shreveport?

A Louisiana succession is opened in the district court of the parish where the deceased person was domiciled at death.

Where to open a succession in the Shreveport area
Deceased lived inSuccession is opened in
Shreveport (Caddo Parish)First Judicial District Court, Caddo Parish
Bossier City (Bossier Parish)26th Judicial District Court, Bossier Parish
Another state, with Louisiana propertyThe district court of a parish where the Louisiana property is located

A small succession affidavit is not filed with a court. When the estate includes real estate, the affidavit is recorded in the conveyance records of the parish where the real estate is located — for Shreveport property, the Caddo Parish Clerk of Court.

Talk to a Shreveport succession lawyer

Greenwald Law Firm tells families whether a succession is required, which kind fits, and what it will cost before any work begins. Greenwald Law Firm charges a flat fee for successions, generally between $2,500 and $5,500, that includes court costs.

See what a Louisiana succession costs → or talk to a Shreveport succession lawyer →

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

Contact greenwald law firm

Reviewed by Joseph W. Greenwald, Jr., attorney at Greenwald Law Firm, practicing law in Louisiana since 1998 (Louisiana State Bar Association #25402). Last updated Sept. 29, 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.

Attorney Joseph W. Greenwald, Jr. has practiced law in Louisiana since 1998. If you have questions regarding successions or would like to schedule a consultation, please contact Greenwald Law Firm at 318-219-7867.

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