Why a Will Is Essential If You Own Real Estate

Real estate is one of the most valuable assets a person can own—but what happens to that property when the owner passes away? In Louisiana, the answer depends on succession law, and without proper planning, it can lead to costly legal battles, delays, and unintended heirs.

If you own property, understanding how real estate and successions overlap is critical to protecting your legacy and ensuring your loved ones don’t face unnecessary legal hurdles.

What Happens to Real Estate When Someone Dies?

When a property owner passes away, their real estate does not automatically transfer to their family. Instead, it must go through succession, Louisiana’s version of probate. The process varies based on:

✅ Whether the deceased had a will – A valid will directs who inherits the property.

✅ Heirs under Louisiana law – If there is no will, Louisiana’s intestacy laws determine who gets the property.

✅ Outstanding debts & mortgages – The estate may need to settle these before ownership transfers.

Without clear instructions in a Last Will and Testament, real estate can become tied up in court for months—or even years—especially if multiple heirs are involved or if ownership is disputed.

Common Real Estate Issues in Successions

📌 Co-ownership disputes – When multiple heirs inherit property, disagreements often arise about whether to sell, rent, or keep it.

📌 Forced heirship laws – Louisiana law requires that a portion of an estate go to certain heirs, even if a will says otherwise.

📌 Unpaid mortgages & liens – Successions must address debts tied to the property before heirs can claim full ownership.

📌 Title issues – If succession isn’t properly handled, heirs may struggle to sell or refinance the property later.

How a Will Can Protect Your Real Estate Assets

Having a valid Last Will and Testament ensures that your property goes to the people you choose—not just who the law dictates. A properly drafted will:

✔ Clearly names who should inherit your real estate.

✔ Helps prevent family disputes over property ownership.

✔ Can include instructions on whether to sell or keep the property.

✔ Makes the succession process smoother and faster for your heirs.

Don’t leave your property’s future to chance. If you own real estate, having a will is one of the best ways to protect your investment and your loved ones. Contact my office today to discuss your estate plan and ensure your property is handled exactly as you wish.