6.4.5 Judgment of Possession

The Judgment of Possession will declare that the decedent’s heirs or legatees are entitled to be placed in possession of the decedent’s property.1 The Judgment will recognize the successors as the owners of the property they inherit and can be relied upon by third parties in determining ownership.2

The Judgment should lay out the estate’s assets (including the legal description of any immovable property), name each successor, and list the property or the proportion that each successor inherits. If any usufructs have arisen from the succession, they should also be listed.  

The Judgment of Possession should include the last known address of at least one of the heirs, legatees or surviving spouse.3

For testate successions, there must also be a court order that probates the testament. Some attorneys include this language in the Judgment of Possession because filing fees are often determined by the number of pages and orders. After July 1, 1999, notarial and statutory wills are self-proving. An olographic will still needs proof of the testator’s handwriting, which can be made by an affidavit unless the judge orders oral testimony.4

Neither the clients nor the attorney must appear before a judge to present all of the required documents. The pleadings are filed with the Clerk of Court and then presented by the Clerk to a judge for consideration and signing of the Judgment of Possession. 

• 1La. C.C.P. art. 3061.
• 2La. C.C.P. art. 3062.
• 3La. C.C.P. art. 3061(B).
• 4La. C.C.P. art. 2883.