“Succession” is the transmission of the deceased’s estate to the successors.1  The estate includes the deceased’s property, rights, and obligations existing at death and all rights and obligations that have accrued since death.2  “A succession” may refer both to the estate and to the procedures used to recognize the heirs’ legal rights to the estate.

• 1La. C.C. art. 871.
• 2La. C.C. art. 872.

Succession occurs immediately upon death.1  Successors have the right to take possession of the estate after complying with applicable provisions of law.2  Heirs may exercise rights of ownership for their interest in particular assets of the estate or in the estate as a whole before the qualification of an executor or administrator.3  Indeed, many heirs will take physical possession of succession property, including immovable property, before formal recognition of their right to possession. Nonetheless, with few exceptions, a judicial proceeding or the filing of an Affidavit for Small Succession must be completed to allow heirs to exercise important legal rights as to the deceased’s property.4  One exception allows a surviving spouse to use an affidavit to withdraw up to $20,000.00 from a checking account, savings account, or certificate of deposit.5  Another exception provides that a vehicle title may be transferred using an Affidavit of Heirship published by the Office of Motor Vehicles.6

• 1La. C.C. arts. 934–937.
• 2La. C.C. art. 871.
• 3La. C.C. art. 938.
• 4In estates worth less than $125,000.00 where there is no testament, a nonjudicial, affidavit procedure may suffice. See La. C.C.P. arts. 3431–3434. For discussion the nonjudicial procedures for small successions, see Section 6.1 and Section 6.2.
• 5La. R.S. 9:1513.
• 6This form can be found of the website for the Office of Motor Vehicles. Affidavit of Heirship La. Off. of Motor Vehicle.

Successions are either intestate or testate.1

An intestate succession occurs when the decedent has left no valid testament, in whole or in part, or the testament does not dispose of all of the decedent’s property.2  Testate successions occur when there is a valid testament.3  Intestate successors are called “heirs,” and testate successors are called “legatees.”4

When the succession is intestate, the Louisiana Civil Code determines who inherits the decedent’s estate. If the decedent died testate, the testament governs.

• 1La. C.C. arts. 873–876.
• 2La. C.C. arts. 875, 880, 1096.
• 3La. C.C. art. 874.
• 4La. C.C. art. 876. For ease of reading, this chapter will not always strictly adhere these terms of art and may refer to all those who receive property by succession as “heirs.”

Generally, a succession is opened to recognize the successor’s ownership interest and legal possession of immovable and movable property. For successors, bank accounts, stock, and insurance proceeds are of particular interest. Banks will not allow successors to access accounts or safety deposit boxes held in the deceased’s name without proper succession documentation. Obtaining legal possession of immovable property resulting from a succession gives successors the power to sell and encumber the property and the ability to obtain mortgage loan modifications, which can be used to prevent foreclosure. Without a succession, successors are also unlikely to qualify for the homestead exemption, which could mean a significant property tax bill as opposed to no property tax liability.

The importance of opening a succession has been vividly illustrated in the wake of disasters such as Hurricane Katrina and the 2016 Baton Rouge floods. In order for homeowners to qualify for rebuilding funds, the Federal Emergency Management Agency and other programs have historically required proof of property ownership. Homeowners could not access those programs until successions were completed that recognized heirs’ ownership of the property that needed to be rebuilt. Fortunately, after Hurricane Ida hit southeastern Louisiana in 2021, FEMA relaxed its requirements so that certain indicia of ownership other than a succession would suffice to allow owners of inherited property to qualify for benefits. For instance, a copy of a not-yet-probated testament has been deemed acceptable evidence of ownership under the new FEMA guidelines. Because it is uncertain whether these more flexible standards will remain in effect following future disaster, it remains advisable for heirs to complete a succession.

Note, however, that the Small Business Administration (SBA) is still requiring that a succession be completed before a homeowner can access an SBA disaster recovery loan.

A succession should be opened as soon as practicable after the decedent’s death. Sometimes, a succession must be immediately opened to use the decedent’s bank accounts or assets to pay funeral or medical bills. Adding a family member to a bank account prior to death would allow access to the account before opening the succession, thereby reducing the need to rush to the courthouse during an already difficult time. 

A delay in opening a succession may cause problems such as lost testaments or other documents or a foreclosure sale of the deceased’s home for unpaid mortgages or taxes. Longer delays, particularly if a succession is not opened for years, can add to the complexity and expense of a succession because co-heirs may lose contact with one other or die and the heirs-next-in-line may become more difficult to identify and locate.

An action for the recognition of a right of inheritance is subject to liberative prescription of 30 years, which runs from the decedent’s date of death.1  Nevertheless, heirs should act quickly to protect their inheritance rights. A Judgment of Possession and an Affidavit for Small Succession are both considered prima facie evidence of the recognized heirs’ rights to the decedent’s property.2  If the property is transferred to a third party, an unrecognized heir’s rights may be lost

• 1See La. C.C. arts. 934, 3502.
• 2La. C.C.P. arts. 3062, 3434.

Procedurally, most successions are handled by the filing of an ex parte Petition for Possession with the district court of the parish where the deceased was domiciled at death.1  However, if the gross value of the estate at the decedent’s death is less than $125,000 and there is no testament, the succession can be completed by recording an Affidavit for Small Succession in the conveyance records in the parish where the immovable property is located rather than by filing a judicial succession in district court.2

• 1La. C.C.P. art. 2811.
• 2See La. C.C.P. arts. 3431–3434.