Selling an inherited house in Louisiana

Yes, you can sell a house you inherited in Louisiana, once the succession shows who owns it now. In practice, a buyer's title company will want a judgment of possession from the court, or a recorded small-succession affidavit, before closing, and every heir who owns a share signs the sale. You don't have to fix the house first, and often don't have to empty it.

First, the succession

The people who inherit own the house from the moment of death. But the parish records still show the person who died, and that doesn't change on its own. A succession is the legal process that shows who the heirs are and what each one owns.

• Where it happens: the district court of the parish where the person lived when they died.
• If there's a will: it has no effect until a court probates it. Louisiana has two kinds: a handwritten (olographic) will, written, dated and signed entirely in the person's own hand, and a notarial will, signed before a notary and two witnesses.
• If there's no will: the law decides, starting with children and other descendants, in equal shares. A surviving spouse keeps their own half of the community property. If there are children or other descendants, the spouse also gets a usufruct over the other half: the right to use it until they die or remarry. If there are no descendants, the spouse inherits that half.
• How it ends: usually with a judgment of possession, a court order naming the heirs and their shares. If every heir can sign for themselves and accepts the succession, and there's little debt, the court can usually sign it on the heirs' joint request, without a formal administration.

Heirs can legally act as owners before then. But buyers and title companies want the judgment of possession or a recorded small-succession affidavit, because that's what shows who can sign.

Start gathering the death certificate, any will, the deed, mortgage and tax statements, insurance papers, and every heir's name and address.

Small successions

If the person lived in Louisiana and left property worth $200,000 or less on the date of death, it's a small succession. That limit took effect August 1, 2026; before then it was $125,000.

When there's no will, the family can often use a sworn affidavit instead of a court case, then record it in the parish conveyance records. If there's a will and a Louisiana house, it goes through court, at half the usual court costs. Our guide to small successions explains who signs and what it needs.

Selling with other heirs

Each heir owns a share of the whole house. Any heir can sell their own share, but selling the whole house takes every owner's signature. That includes a surviving spouse with a share or a usufruct. A sale by everyone ends the usufruct on the house, and unless you agree otherwise, it moves to the money from the sale.

• Heirs who live far away usually don't have to travel. The closing attorney or title company can arrange for them to sign where they live. Someone can also sign for them with a written power of attorney that expressly allows the sale.
• An heir who's a minor needs a judge's approval before their share can be sold.
• An heir who won't agree can't be made to sign, but any owner can ask a court to partition the house. A house usually can't be split, so the court orders it sold, at auction or privately, and divides the money by shares. If an heir can't be found, the court can appoint someone to sign for them. Partition takes time and legal fees, so try to agree first.

You can ask for one offer for all of you. At closing, the money can be paid out to each heir by their share.

Selling as-is, belongings and all

You don't have to fix or clean the house to sell it, and often don't have to empty it. Your two main choices:

• Clean out, repair and list it with a real estate agent. If the house is in good shape and the heirs have time, this usually brings the highest price. It costs money up front, a commission at closing, and months of upkeep.
• Sell it as-is to a cash buyer. The price is usually lower than a fixed-up house would bring, because the buyer takes on the repairs and costs. But it's faster, and there's nothing to do first.

Before anything leaves the house, agree among the heirs on who keeps what; the contents belong to the heirs too. Look for papers first: the will, deeds, insurance policies, tax notices and bank statements. Take photos. Then take what matters to you.

Selling as-is doesn't mean hiding problems. Our guide to selling as-is in Louisiana covers what you still have to tell a buyer.

Costs while you decide

A house costs money every month it sits. Ask about each of these:

• Property taxes. They come due every year; check the date with your parish tax collector. Unpaid taxes carry 1% a month in interest, and after 90 days the parish can auction a tax lien on the house. See Louisiana's tax lien sales for how that works since January 1, 2026.
• The homestead exemption. It continues for a surviving spouse who lives in the house. If no owner lives there, it can end, and the tax bill goes up.
• Insurance. Tell the insurer about the death. Many policies limit coverage once a house sits empty. Louisiana's standard fire policy, for example, doesn't cover a loss while a building has been vacant more than 60 days in a row, unless the policy adds that coverage in writing. The Louisiana Department of Insurance says surplus lines insurers will cover the empty home of a relative who has died, but those policies aren't backed by the state's guaranty fund.
• The mortgage, if there is one. Keep paying if you can, and tell the servicer about the death. Once the servicer confirms you as a "successor in interest", federal servicing rules treat you like a borrower, so you can get information about the loan and ask about options. Any balance is paid off from the sale at closing. If payments are already behind, see behind on your mortgage.
• Utilities, lawn care and upkeep, and someone to check on the house.
• The succession itself: attorney or notary fees, court costs and recording fees. If you can't afford court costs, you can ask the court to let you proceed without paying them up front.

When to talk to an attorney

Talk to a Louisiana attorney before you sign anything if:

• someone disputes the will, or who the heirs are;
• an heir can't be found, is a minor, or can't manage their own affairs;
• the debts might be more than the estate is worth (heirs owe the estate's debts only up to the value of what they receive);
• there's a reverse mortgage, a foreclosure or a tax lien;
• a surviving spouse has a usufruct, or lives in the house;
• the house is still in the name of someone who died earlier, like a grandparent. That's called heirs' property, and it may take more than one succession.

If cost is a worry, start with the free help below.

Your options

• Keep it. One heir can buy out the others, or move in. Update the insurance, and ask the assessor about the homestead exemption.
• Rent it out. You'd be landlords together. Our guide on selling a rental with tenants covers what that means if you sell later.
• List it with an agent. Usually the best price if the house is in good shape, the heirs agree and you have time. Compare the costs in cash buyer or listing.
• Sell it as-is for cash. Faster and simpler, usually for less money.
• Wait. It's fine to take time while you grieve and sort things out. Just plan for the taxes, insurance and upkeep.

Passkey isn't the right fit if the house is in good shape and you have time to list it, or if the heirs don't agree yet. Settle the succession first.

Free help

• Southeast Louisiana Legal Services helps people who qualify with wills and uncontested successions, in 22 parishes. Call 1-844-244-7871 or apply online.
• Reduced-fee lawyers: the Louisiana State Bar Association's Modest Means directory lists lawyers who may charge less, for households earning up to 400% of the federal poverty guidelines. The Bar also lists self-help centers and forms by parish.
• Louisiana Appleseed's free guide, Heirs' Property in Louisiana, explains clearing the title to a family home. It was written before 2026, so it shows the old $125,000 small-succession limit.
• HUD-approved housing counselors help for free or at very low cost if there's a mortgage. Use the CFPB's search or call (800) 569-4287.

How Passkey can help

If the heirs agree to sell and would rather not fix up the house, ask us for a written cash offer within 24 hours. There are no fees or commission, and you pick the closing date. Get my cash offer or call (985) 317-2695.

Questions

Can I sell the house before the succession is finished?

Heirs own the house from the day of death, but a buyer's title company will want the judgment of possession or a recorded small-succession affidavit first. You can get offers or talk to an agent now, and close once that's done.

Do all the heirs have to agree?

To sell the whole house, yes. Every owner signs, including a surviving spouse with a share or a usufruct. If one won't, partition in court is the fallback, so talk to an attorney.

Do I have to clean out the house first?

Not to sell it as-is. Agree among the heirs on what to keep, take it, and leave the rest. To list with an agent, you'll usually need it emptied and cleaned.

Will I owe taxes when I sell?

Louisiana has had no inheritance tax for deaths after June 30, 2004. For federal income tax, an inherited house's starting value (its "basis") is generally its fair market value on the date of death, so tax is usually owed only on any gain above that. Ask a tax professional.