When someone passes away, most families expect the legal process to take place in one court. That expectation can change quickly when the person owned property in another state. A Louisiana succession may handle local assets, but real estate located elsewhere brings an extra layer of legal steps that many families do not anticipate.
Out-of-state property can delay a succession if it is not properly addressed. Knowing what to expect and how these properties are handled can help families avoid unnecessary delays and frustration during an already difficult time.
What Counts as Out-of-State Property
Out-of-state property is any real estate located outside of Louisiana. This usually includes homes, land, rental properties, or vacation properties in another state. Even if the person lived in Louisiana their entire life, property located elsewhere is governed by the laws of the state where it sits.
Personal property, like bank accounts or vehicles, may be handled differently. Real estate almost always follows the law of its location.
Why Louisiana Courts Cannot Handle Everything
Louisiana courts have jurisdiction over property located within the state. They do not have authority over land or buildings located in another state. This means a Louisiana succession alone cannot transfer ownership of out-of-state real estate.
To legally transfer that property, a separate legal process is required in the other state. This is often called an ancillary probate or ancillary succession.
What Is an Ancillary Succession
An ancillary succession is a secondary probate case opened in the state where the out-of-state property is located. It works alongside the Louisiana succession.
The Louisiana court determines who the heirs are and what they are entitled to receive. The out-of-state court then uses that information to transfer ownership of the property according to its own laws and procedures.
While this sounds complicated, the two processes often share documents, including the will, death certificate, and court filings from Louisiana.
How a Will Affects Out-of-State Property
Having a valid Last Will and Testament can make this process much easier. Most states will recognize a properly executed Louisiana will, even if their laws differ. However, the will must still meet the other state’s requirements for recording and enforcement.
If there is no will, the out-of-state property will be distributed according to that state’s intestacy laws. These laws may differ significantly from Louisiana’s forced heirship rules, which can surprise families.
Common Challenges Families Face
Out-of-state property often leads to delays and higher costs. Families may need to hire attorneys in more than one state. Additional court fees and filing requirements can apply.
Timing is another concern. One succession may move faster than the other, which can delay the sale or transfer of property. Clear communication between attorneys is critical.
How an Attorney Can Help
An experienced Louisiana succession attorney can coordinate with attorneys in other states to keep the process organized. They help ensure that documents are prepared correctly and submitted on time.
Proper planning can also prevent future issues. If you currently own property in another state, tools like trusts or strategic titling may help your heirs avoid multiple probate cases altogether.
Contact Us To Learn More
Out-of-state property does not have to derail a Louisiana succession, but it does require careful handling. Understanding the need for multiple legal processes and planning ahead can make a difficult time easier for your family.
Losavio & DeJean, LLC helps families navigate complex successions with clarity and confidence. If your loved one owned property outside Louisiana or you want to plan ahead, speaking with an experienced attorney can make all the difference.