A succession is the legal process of settling a deceased person’s estate and distributing the property (after paying all debts).

Real estate professionals will want to ensure that the person trying to sell a property has the proper authority to do so. This can mean the property has been through succession, and the person selling has a Judgement of Possession or has been appointed as independent administrator/executor.

• Independent Executor – appointed when the deceased person left a valid will that designates an executor who can act without court supervision.
• Independent Administrator – appointed when all heirs agree on the person to represent the estate who can act without court supervision.
• Judgement of Possession – a court order that officially transfers ownership of property from the deceased person to their heirs

Five reasons filing a succession is a crucial step before selling property:

1. Ownership Transfer – it is impossible to transfer ownership of the property to a buyer legally without filing a succession. This is because the property’s title remains in the name of the deceased. Only the succession can transfer ownership to the heirs.

2. Clear Title – filing ensures that the property’s title is clear. This process involves identifying all heirs and creditors and resolving any issues related to the property’s ownership or debts owed.

3. Protected Interests – filing a succession protects the interests of all parties involved. This ensures that we respect the deceased person’s wishes and distribute their assets according to their will or Louisiana law. This also ensures that the buyers are purchasing the property from its rightful owner and that no legal disputes could arise.

4. Expedite the Sale – while this process can take several months to complete, it is a necessary step before any sale can take place. After completing the succession, the executor can list the property for sale, and interested buyers can proceed with the purchase.

5. Peace of Mind – without filing, there is a risk of legal disputes and delays that can be costly and time-consuming. A succession ensures that the sale is legal and that all necessary steps have been taken to protect everyone’s interests.

The process of succession can take a long time and become confusing, but it guarantees the legal transfer of property ownership, ensures a clear title, protects the interests of all parties involved, expedites the sale process, and provides peace of mind.