Probate and Succession in Orleans Parish
Louisiana does not use the word probate in its courts. It uses succession, which is the process of settling a person's estate after death. The two words describe the same general idea: identifying heirs, handling debts, and transferring property. New Orleans, with its civil-law roots, has used succession terminology for generations.
That difference shapes every search. A national search habit might look for a probate court, but in Orleans Parish there is none by that name. Succession cases are filed in Civil District Court and handled by the Clerk of Civil District Court, the same office that manages other civil filings and land records. People researching family history or property title often use these files, since a succession ties heirs to the property they inherit.
Where Succession Cases Are Filed
Succession matters in Orleans Parish are filed in Civil District Court at 421 Loyola Avenue. The civil clerk's homepage lists successions among the civil matters its Civil Division receives. Because property transfers often follow a succession, the clerk's Land Records Division and Notarial Archives can come into play for the real-estate side.
Civil District Court
421 Loyola Avenue
New Orleans, LA 70112
cdcclerk@orleanscivilclerk.com
Successions filed in the Civil Division
Confirm the correct counter or division with the clerk, since some land and archive functions are at the Poydras Street location.
How a Succession Works
A succession can be testate, meaning there is a valid will, or intestate, meaning there is none and state law sets the heirs. The basic path is similar in both, though the documents differ.
- Decide whether a succession is needed and whether it is testate or intestate.
- File a petition in Civil District Court for the Parish of Orleans.
- Attach the will if any, the death certificate, heir information, and a proposed judgment.
- If administration is needed, seek appointment of an executor or administrator and file the required oath and bond.
- Provide creditor or public notice if the law and the court require it.
- File an inventory or descriptive list where required.
- Obtain the judgment of possession or a final accounting and discharge.
- Record any real-property transfer through land records.
Searching Orleans Parish Succession Records
Succession records are searched much like other civil files, usually by the decedent's name, a case number, or a filing date range. The civil clerk's systems are the public window, and the clerk can confirm what is online versus what needs a request.
| Field Label | Type | Required | Notes / Format |
|---|---|---|---|
| Decedent Last Name | Text | Optional | Key field for a succession search. |
| Decedent First Name | Text | Optional | Narrows common names. |
| Case Number | Text | Optional | Direct lookup if known. |
| Filing Date Range | Date | Optional | Useful for older files. |
| Party / Attorney | Text | Optional | May locate executor or administrator filings. |
What a Succession Record Shows
A succession file gathers the documents that settle an estate. The fields below are common, though not every file has all of them.
- Case and decedent - the case number and the deceased person's name.
- Testate or intestate status - whether a valid will exists.
- Representatives - petitioner, executor, or administrator names.
- Filings - will, affidavits, oaths, and the inventory or descriptive list.
- Judgment of possession - the order placing heirs into possession.
- Property - real-property descriptions and linked land records.
Some terms in these files are specific to estate law, so a short glossary helps.
- Testator
- The person who made a will, called a testament in Louisiana.
- Executor
- The person named to carry out a will and settle the estate.
- Intestate
- Dying without a valid will, so state law sets the heirs.
- Guardianship
- Court authority to care for a minor or an incapacitated person.
- Conservatorship
- Court authority to manage another person's property or affairs.
Fees for Succession Filings
Succession work carries filing and recording fees at the civil clerk's office. Amounts vary by the filing and the action, so confirm them against the clerk's current schedule before you pay.
| Item | Source |
|---|---|
| New succession filing | Civil District Court filing fee schedule |
| Motions and orders | Civil clerk fee schedule |
| Certified copies | Clerk of Civil District Court |
| Recording a judgment affecting property | Land Records fee page |
Land-record recording fees apply when a judgment transfers immovable property, which is common at the end of a succession.
Land Records After a Succession
Many successions end with property changing hands, and that transfer is recorded through the clerk's Land Records Division. A judgment of possession can place heirs into ownership, but the property record is not updated until the judgment is recorded. The Notarial Archives also hold historic property records that can matter for older estates and title questions.
This connection between succession and land records is a New Orleans hallmark. The same office that settles the estate also records the property change, which keeps the legal and the real-estate sides linked in one clerk. Heirs who plan to sell or mortgage inherited property usually need the recorded judgment in hand first, so the land-records step is rarely optional.
Types of Succession in Orleans Parish
Not every estate needs the same process. The right type depends on the size of the estate, whether there is a will, and whether anyone needs to be appointed to manage things. Picking the correct path saves time and cost.
A simple succession may move straight to a judgment of possession when the heirs agree and no administration is needed. A more complex estate, with debts, disputes, or ongoing management, calls for a full administration with an appointed executor or administrator. Small successions may qualify for a streamlined process under Louisiana law when the estate falls under a set value. The civil clerk and the file itself will reflect which path a given succession took, and the documents on record show each step that was required.
Restrictions and Certified Copies
Most succession records are public, but sealed medical information, minor details, protected identifiers, and adoption-sensitive material may be restricted. Older successions and notarial acts may require research in the Notarial Archives rather than modern remote access. To get a certified copy, give the civil clerk the case number, the decedent's name, the document name, and the filing date.
Note: A certified copy from the civil clerk, not an online printout, is the version courts and title companies accept as proof.