Paul Rabalais Succession attorney

Deceased Owned Property in Many Parishes: How To Transfer To Heirs in a Succession

This post describes how the real estate of a deceased person, who owned property in multiple Louisiana parishes, gets transferred the right way to the heirs.

We recently started working on a Succession. The deceased lived in Jefferson parish but owned property in several different parishes. He didn't own property in Jefferson Parish, but he owned property in St. Tammany, Tangipahoa, Plaquemines, and St. Landry Parishes. The daughter, who was named the executor of her father's Will, thought she was going to have to travel all around the state to register the children as the new owner of all of their father's property.

I explained the procedure for getting the property transferred as follows:

(1) Succession Opened. The proceeding to open a Succession after someone dies must be brought in the district court of the parish where the deceased was domiciled at the time of his death. In this matter, the deceased was domiciled in Jefferson Parish, even though he did not own a home or other real estate in Jefferson Parish. All court pleadings, petitions, Lists of Assets and Debts, court orders, and all other court documents of the Succession will be filed in the Jefferson Parish Succession Suit record.

(2) Judgment of Possession. At the conclusion of the Succession, the district court judge in Jefferson Parish will sign a court order that we prepare called a Judgment of Possession. We will ensure that all of the various legal descriptions of all of the deceased's different properties around the state are listed on this Judgment of Possession.

(2) Certified Copies of JOP. Once signed, we will request that the clerk of court of Jefferson Parish issue multiple certified copies of this Judgment of Possession (JOP).

(3) Record JOP in Parishes. We will record a certified copy of the JOP in the conveyance records in each parish where the deceased owned real estate. This will show all third parties and title examiners that ownership has been transferred from the deceased to the heirs (or, since there was a Last Will, to the legatees (children)).

In this matter, the deceased also owned real estate in Mississippi. I told the family that the Louisiana Succession would not transfer the Mississippi property. The family must hire another law firm in Mississippi to go through the ancillary probate in Mississippi to transfer the Mississippi property from the deceased to the heirs.

Many people who have property in multiple states transfer those multiple properties to one Living Trust so that no probate proceedings are necessary after the death of the Trust Maker.

This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

Paul Rabalais
Louisiana Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: (225) 329-2450

Four Reasons To Administer The Louisiana Succession

When a resident of Louisiana dies with assets in their name, there is likely a Succession necessary. Financial accounts are likely frozen, real estate cannot be sold or transferred, and other estate settlement issues need to be addressed.

The simplest of Successions are handled without an administration. Let's say Husband died and the only asset in his name is the home he owns with Wife. Wife has no interest in an immediate sale of the home. This Succession, perhaps, can be completed without an administration. The attorney prepares the pleadings petitioning the judge to order that the home be transferred to Wife.

In many cases, however, an Administration is necessary because things need to be handled prior to the conclusion of the Succession. When an administration occurs, a judge either confirms the executor that was named in the will, or the judge appoints an Administrator of a Succession when no Will existed. The following are four reasons why an administration may be necessary as part of completing a Louisiana Succession:

(1) Need Access To Funds. When someone dies, often their accounts are frozen. When an executor is confirmed, or an administrator is appointed, on the front end of the Succession, that person can establish an estate account and move funds from frozen accounts into the estate account. This is often a necessary step if bills need to be paid, or the Succession incurs expenses, or mortgages or car notes must be paid, while the Succession is taking place.

(2) Best For One Person To Handle Financial Issues. Without an administration, it can be cumbersome for the family to wait for months or longer to share in the inheritance, only to be asked to give some of their inheritance back to cover Succession debts or expenses. It is often easier for an executor or administrator to be confirmed or appointed, and then that person can take care of all Succession related debts, expenses, or other matters, and then disburse remaining funds or assets to the several heirs at the conclusion of the Succession.

(3) Funds Payable To Estate. Sometimes a deceased person is entitled to funds. Perhaps the deceased is entitled to a tax refund from the IRS or the state. Or perhaps the deceased is entitled to a refund for funds advanced to a nursing home or assisted living facility. The funds will be remitted to the deceased person's estate. When a check is payable to estate, no individual can deposit that check. It must be deposited into an Estate account. The only way to create an estate account is to administer a Succession, have an executor confirmed or administrator appointed, and then have that person open an estate account.

(4) Succession Assets Need To Be Sold. It is not uncommon for a Succession to need to sell a vehicle of the deceased, a piece of real estate, an investment, or some other asset in the name of the deceased. Sure, you could wait months or years until the Succession is complete, and then transfer the vehicle to the five heirs, and then have the five heirs each individually do all of the paperwork to sell the vehicle. But it may be easier, on the front end, to have an executor confirmed or an administrator appointed, and then have that one person transact the Succession asset by himself or herself, and simply deposit the sale proceeds in the estate account for later distribution to the heirs.

This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.