Estates

Inheritance rights in Louisiana do not depend on the formal opening of a succession.  That does not mean, however, that an heir (or the children of a deceased heir) can automatically take possession and control of the estate of a decedent without consequences. Depending on the gross value of the property of the estate and/or the date of death of the decedent (see Small Successions, L.C.C.P art. 3421 et seq.), it may be possible (but not necessarily advisable) to put the heirs in possession without judicially opening the succession. Although the costs upfront of the small succession procedure are lower, there is no court-issued Judgment of Possession that protects the heirs in the long run.  If the estate is of even moderate value, the benefits of opening a succession judicially generally outweigh the added expense.