2.2 Process of Succession

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.