504-367-2333
Southern Title
504-367-2333

5 Locations Across Greater New Orleans

Louisiana Succession Services: Clearing Title After Death

Navigating Louisiana's unique succession laws to transfer property and clear title for heirs.

Louisiana succession services at Southern Title

Southern Title's staff attorneys are succession specialists. Over decades of practice, they have worked through virtually every variation of estate complexity Louisiana families encounter — intestate estates, disputed heirship, missing heirs, multi-parish properties, and succession gaps discovered mid-closing. That depth of experience means most challenges that stall other offices are problems we have solved before.

Do You Need a Succession?

If any of the following situations apply, a succession proceeding is likely necessary before the property can be sold, refinanced, or transferred.

Property Owner Has Died

The owner of record is deceased and the property must be transferred to the legal heirs.

Selling Inherited Property

Heirs want to sell a property they inherited, but the succession was never completed and recorded.

Refinancing Inherited Property

A lender requires clear title in the borrower's name before funding a loan on inherited property.

Title Search Reveals Gap

A title search for a property sale or purchase discovers that a prior owner's succession was never opened or completed.

Multiple Heirs Disagree

Co-owners who inherited property cannot agree on what to do with it and need a legal resolution.

How the Succession Process Works

1

Title Search & Heir Identification

We conduct a thorough title search to verify ownership, identify all heirs, and document any liens or encumbrances on the property. This information is provided to the succession attorney.

2

Attorney Files Succession

The succession attorney prepares and files the petition with the appropriate court, identifying all heirs and the assets of the estate. The attorney handles all legal proceedings.

3

Judgment of Possession

The court issues a Judgment of Possession that formally recognizes the heirs and their ownership shares. Southern Title records this judgment in the parish conveyance records.

4

Clear Title & Closing

With the Judgment of Possession recorded, title is clear. We can now proceed with a sale, refinance, or any other transaction involving the property.

Typical Timeline

Succession TypeEstimated Timeline
Simple (with will, cooperating heirs)4 -- 8 weeks
Intestate (no will)6 -- 12 weeks
Complex (disputes, missing heirs)3 -- 12+ months
Multiple-generation gap6 -- 18+ months

Typical Costs

ServiceTypical Range
Title search & examination$300 -- $500
Attorney fees (simple)$1,500 -- $3,000
Attorney fees (complex)$3,000 -- $7,500+
Court filing fees$200 -- $500
Recording fees$50 -- $150

Costs vary significantly based on the complexity of the estate. Attorney fees are set by the attorney, not by Southern Title.

Why Work with Southern Title for Successions?

In-House Expertise

Our title examiners have decades of experience tracing Louisiana property records through multiple generations of ownership, community property regimes, and complex heirship situations.

Attorney Coordination

We work closely with succession attorneys throughout the process, providing the title research they need to prepare the petition and ensuring the Judgment of Possession is properly recorded.

Efficient Process

Because we handle both the title search and the closing, we can streamline the process from start to finish. Once the succession is complete, we are ready to close immediately.

Do You Need an Attorney for a Louisiana Succession?

Yes — Louisiana law requires an attorney to file a succession petition with the court. However, the overall process does not have to be complicated or expensive. For straightforward successions with a valid will and cooperating heirs, many families are surprised at how quickly the matter can be resolved when the title work is handled up front.

Southern Title streamlines the process by completing the title search and heir identification before the attorney begins drafting. This means fewer billable hours, fewer surprises, and a faster path to clear title. We also coordinate directly with the attorney throughout the proceeding so you are not playing middleman between two offices.

If you do not already have a succession attorney, we can refer you to experienced local attorneys who handle these matters regularly and whose fees are reasonable for the complexity involved.

Frequently Asked Questions

How long does a Louisiana succession take?+
A straightforward succession with a valid will and cooperating heirs can be completed in 4 to 8 weeks. More complex situations -- such as intestate successions, disputed wills, or cases involving multiple properties or missing heirs -- can take 3 to 12 months or longer. The timeline depends on the complexity of the estate, the responsiveness of the heirs, and the court's schedule.
What happens if someone dies without a will in Louisiana?+
If someone dies without a will (intestate), Louisiana's Civil Code determines who inherits the property based on the decedent's family relationships. The heirs must still open a succession proceeding, and an attorney must petition the court for a Judgment of Possession recognizing the heirs and their shares. The property cannot be sold or mortgaged until this is completed and recorded.
Can I sell a property if the succession has not been completed?+
No. In Louisiana, a Judgment of Possession must be recorded in the parish where the property is located before the heirs can sell or mortgage the property. If a title search reveals that a succession was never completed, the heirs will need to complete the succession proceeding before the transaction can close.
Do all heirs have to agree to sell the property?+
If property is owned by multiple heirs as co-owners, all co-owners generally must agree to sell. If one or more heirs refuse, any co-owner can file a partition action to force a sale. Louisiana law provides for both partition in kind (dividing the property) and partition by licitation (forcing a sale), depending on the circumstances.
Do I need a succession attorney in Louisiana?+
Yes — Louisiana law requires an attorney to file a succession petition with the court. However, the process does not have to be complicated or expensive. Southern Title streamlines your succession by completing the title search and heir identification before the attorney begins drafting, which reduces billable hours and speeds up the timeline. If you do not already have a succession attorney, we can refer you to experienced local attorneys with reasonable fees.

Need Help with a Succession?

Contact Southern Title to discuss your succession situation. We can coordinate the title search and connect you with an experienced succession attorney.