Succession or Probate in Louisiana – Clear Title
Louisiana's Probate term is "Succession." When your loved one leaves behind their home, that property is referred to as "immovable property." In order to establish a clear title for the property, you must open a Succession and record the transfer of the immovable property. A clear title is important if you decide in the future to sell or encumber the home.
Affidavit of Small Succession
Fortunately, in Louisiana we have a very simple and inexpensive procedure for a Small Succession. The requirements are found in Article 3431(Code of Civil Procedure). These include:
- No Last Will and Testament;
- Ownership of "Small Succession Immovable Property" – defined as: a single lot or connected lots with a home or other buildings not consisting of more than four living units where the deceased lived (or surviving spouse lives), or any cemetery spaces;
- Only surviving heirs are: Children, Parents, Siblings, Spouse;
- Property value of decedent's estate does not exceed the gross value of $75,000.
There is a misconception that all Louisiana Succession proceedings are expensive and cumbersome. However, if your circumstances match these standards, you are not required to judicially open a Succession. You may ask your Louisian Probate attorney to record an Affidavit of Small Succession. This method is quick, comparatively inexpensive and effectively provides a record of transfer of your loved one's immovable property to your possession. In addition, an original of an Affidavit of Small Succession gives authority to any bank, financial institution, trust company or any person who has money or property of the deceased to deliver it to the heirs and surviving spouse.