If a succession is testate or is valued above $125,000, then a succession proceeding must be filed in court. Creditors of the succession or co-owners of succession property who are not the decedent’s heirs or legatees may also file to open a succession. The goal of opening a succession is to obtain a Judgment of Possession, which will recognize the lawful heirs and send them into possession of their portion of the decedent’s property.
Many successions for indigent clients may be handled by an ex parte petition for possession when the decedent’s estate is “relatively free from debt.” In such cases, a petition for possession is filed on behalf of the surviving spouse and/or competent heirs.1 In uncontested testate successions, the petition for probate and possession can be combined in one pleading.
In Louisiana, district courts have jurisdiction over succession proceedings; in Orleans Parish, the Civil District Court has jurisdiction.2 Venue is controlled by the decedent’s domicile at the time of death.3 A Petition for Possession must be filed in the district court for the parish where the decedent was domiciled at the time of death.4 If the decedent was not domiciled in Louisiana at the time of death, the succession may be opened in the district court of any parish where the decedent’s immovable property is located.5 For non-residents, there may be more than one possible venue if the decedent owned property in more than one parish.
The Affidavit of Death, Domicile, and Heirship requires only the signatures of two persons with knowledge, typically the petitioner and a second heir.6 In the absence of a written renunciation, a successor is presumed to accept succession rights.7 For these reasons, it is common practice to file ex parte succession proceedings with the signatures of two persons, unless the attorney knows that a successor wishes to renounce or a successor is absent and cannot be located.