Legal Question in Wills and Trusts in Louisiana

Re: wills and small estates

It is unclear from your question whether or not the real property (real estate) in the decedent's estate is located in Louisiana. However, for purposes of this response, I will assume that the real estate in question IS located within LA. Presuming also from your question that the "decendent's wishes regarding the estate (real estate)" means that the decendent has named someone or several persons in the will as "legatees" (i.e., beneficiaries) to receive all or a portion of the real estate in question, I really do not see how one could avoid filing a succession in court and having the will probated in order to carry out the decedent's will and in order to legally transfer ownership of the property.

Title of real estate in LA (as it is also practically everywhere else to my knowledge)is a matter of public record--i.e., it must be filed/recorded in the parish conveyance office for the whole world ("third parties")to see and be given notice as to who owns the property. In order to become a new owner of real estate, there must be either a notarial act translative of ownership (i.e., an Act of Sale, Act of Donation, etc.) or a court order (i.e., Judgment in succession or divorce or property dispute, etc.). Such a document is then recorded/filed in the parish conveyance office.

While it may be possible for the new "owner(s)"/legatees to possess the property without probating the will (i.e., surviving spouse and/or children of decedent simply continue to live in the family home after decedent's death), they will not be owners as a matter of public record until the will has been probated and a Judgment of Possession has been signed in the succession and recorded in the parish conveyance office.

When real estate is part of the estate of a decedent, the size/dollar value of the real estate unfortunately does not matter regarding whether a succession is required--one would have to do a succession for a 1/78th interest in a 10' by 10' vacant lot just the same as if it were a 4000 acre sprawling country estate with a 20,000 square foot mansion. Obviously, the benefits of doing a succession in the first instance (1/78th interest) are probably hugely outweighed by the costs of filing in court and paying an attorney to do so. Nonetheless, at some point in time--even for that miniscule 1/78th interest--someone is going to be forced to do a succession to clear up the title so that the property can be sold and/or so a mortgage can be placed on it, etc. I should guess that the other co-owners of the remaining 77/78ths of that property would share or be forced to share in the costs of clearing up the title at some point even if the lowly 1/78th owner(s) can't or don't want to pay for it all.

Re: wills and small estates

The will must be entered into probate with

the Court in order for the title to properly

transfer to the beneficiary or beneficiaries

named in the Will. Selling the real estate to

any seller is difficult if the Will has not

been probated and given recognition by the

Court as the true and original Last Will of the

deceased.