In my years of practice, I have heard one question again and again: “Mom passed away eight months ago, and she left everything to me in her will. I thought that meant I didn’t have to do anything else. But the bank won’t let me touch her accounts, and I can’t sell the house. Why do I still have to do a succession?”
This is far more common than most people think. In Louisiana, even if someone dies with a will, that will does not automatically transfer ownership of anything (not the house, not the bank accounts, not the car titles). What it does is tell the court what your loved one wanted to happen. But it’s the “Succession” that actually makes it legal.
In most states, people call this process probate. In Louisiana, we call it a succession, and it’s what the court uses to transfer property after someone dies. The court must identify all of the decedent’s assets and debts, confirm the will if there is one, and then issue a Judgment of Possession that legally puts property into the heirs’ names.
A will might say you get the house, but until the court signs that Judgment, you don’t legally own it.
When Mom had her will drafted, she probably assumed it would take care of everything. And she wasn’t alone; most people think that once a loved one dies with a will, the rest happens like clockwork. But that’s simply not how Louisiana law works. A will is a set of instructions, and only the succession can carry out those instructions and transfer ownership.
In most cases, the will tells the court who should inherit what. But until a succession is opened in the parish where Mom lived, the bank won’t release any funds, and the title company won’t transfer the house. That’s because Louisiana law requires a succession before third parties will recognize new ownership.
Generally, a succession follows the these steps, and this is how I explain the process to my clients:
1. File the will with the court:
The first step is getting the will filed in the proper parish. That starts the succession process.
2. List all assets and debts:
Every bank account, vehicle, piece of real estate, and even personal items must be documented for the court.
3. Pay debts and taxes:
Before property can be distributed, legitimate debts must be paid.
4. Get the Judgment of Possession:
This court order is what finally makes the heirs the legal owners.
That Judgement of Possession is a court order that officially recognizes heirs or legatees and puts them into possession of the deceased’s assets. Only after that Judgment is issued can Mom’s heirs sell the house, cash account checks, or change titles.
When clients first come to me in this situation, they usually are trying to sell a parent’s house and divide the accounts. Once we open the succession and obtain the Judgment of Possession, Mom’s kids are finally was able to clear title and access the accounts.
I tell families all the time: estate planning isn’t just about writing a will. It’s about making sure your loved ones aren’t stuck in legal limbo when you’re gone. A will is only half the story, and the succession is what makes that story real under Louisiana law.
If you’ve found Mom or Dad’s will and wondered why you still have work to do, you’re not alone. Sit down with an experienced estate planning attorney who knows how to navigate these waters.
The information provided is not intended to be legal or tax advice and does not constitute any attorney/client relationship. You should consult with an attorney for individual advice regarding your own situation.
Ms. Melancon is an attorney with Legacy Estate & Elder Law of Louisiana, LLC with offices in Baton Rouge, New Orleans and Lake Charles, LA. The primary focus of her practice is estate planning, probate, special needs planning, and elder law. For more information or to attend an upcoming estate planning seminar, call her office at (225) 744-0027.
