When a parent or relative dies and leaves you their New Orleans house, the practical question is: can I sell it without going through probate? The short answer is sometimes — Louisiana has specific paths for inherited property that avoid a full succession, if the situation qualifies. Here’s how Orleans Parish inherited-property sales actually work, and what a legitimate cash buyer can do to close on a real timeline.
Louisiana is different — it’s a succession, not probate
In most states you’d say “probate.” In Louisiana, the legal process for transferring a deceased person’s property is called a succession, and it runs through the Orleans Parish Civil District Court (or the parish where the deceased owned property). Successions come in two flavors: testate (with a valid will) and intestate (no will). Either way, until the succession is opened and a judgment of possession is signed, the heirs technically don’t own the property on paper. And without ownership on paper, a title company can’t insure a clean sale.
The three real paths to sell an inherited New Orleans house
Path 1: Small Succession Affidavit
If the total estate is worth $125,000 or less and it’s been more than 25 days since the death, Louisiana law allows a Small Succession Affidavit (Louisiana Civil Code articles 3431-3434). Two heirs sign the affidavit, get it notarized, record it with the parish clerk, and clear title without opening a full succession in court. This can take 2 to 6 weeks and costs roughly $500 to $1,500 in filing and attorney fees. If your inherited house qualifies, this is the fastest legitimate path.
Path 2: Full Succession — Ex Parte (uncontested)
When there are multiple heirs and no dispute, a Louisiana attorney can open an uncontested succession, prepare a judgment of possession, and get it signed by the court in about 60 to 90 days. Once signed, the heirs are officially on title and can sell. Cost is typically $1,500 to $4,000 in attorney and court fees. This is the standard path when the small-succession threshold doesn’t apply.
Path 3: Sell with the succession pending (parallel-track)
Some experienced Louisiana cash buyers can put the property under contract WHILE the succession is being processed, then close the moment the judgment of possession is signed. The buyer commits, escrows the funds, and waits. This doesn’t shorten the succession — it just means you’re not waiting a second time to find a buyer after the paperwork clears. Bertucci Investment Group has closed dozens of Orleans Parish inherited-house deals this way. It requires a buyer patient enough to move at the court’s speed, not their own.
What DOESN’T work (avoid these)
You can’t sell a house you’re not on title for. Any “cash buyer” who offers to close in 7 days on an inherited property without a succession or affidavit is either (a) planning to pressure you into signing a bad power-of-attorney arrangement, (b) wholesaling the contract to someone else who will eventually walk when they realize the title’s not clean, or (c) trying to record a document that a licensed title company will refuse to insure. Any of those scenarios ends with you either not getting paid or getting paid less than promised.
Common complications and how they’re solved
- The house has a mortgage still. The mortgage doesn’t die with the borrower. It stays attached to the property. The title company gets a payoff at closing and wires that portion to the lender. Heirs get the remainder.
- One heir doesn’t want to sell. A “partition suit” through Orleans Parish court can force the sale, but that’s a 6-to-12 month path. Better outcome: negotiate a buyout among heirs, or all sign the sale together.
- Multiple heirs, some out of state. Louisiana allows remote notarization of succession documents through licensed Louisiana notaries. Signatures can be coordinated via mail or via a mobile notary who visits each heir. Zero requirement that everyone be physically in New Orleans.
- Unpaid property taxes. Orleans Parish tax bills carry over. Title company pays them at closing from the sale proceeds. Any tax-sale/adjudication issue that’s already begun is more complex and requires attorney review before selling.
- Squatters or tenants in the house. Louisiana eviction is a court process (typically 2 to 4 weeks). A cash buyer can often close BEFORE eviction is complete if they’re comfortable taking on the occupancy issue themselves.
What Bertucci Investment Group does with inherited New Orleans property
We’re a local Metairie-based cash buyer serving all of Orleans and Jefferson Parishes. When you call about an inherited house, we walk through your specific situation: is there a will, how many heirs, is the property currently vacant or occupied, is there a mortgage. If a small succession affidavit fits, we can connect you with a Louisiana estate attorney who charges a flat fee. If a full succession is needed, we can close as soon as the judgment of possession is signed — including putting the house under contract now so you don’t have to re-market later.
No repairs. No cleanout required (yes, even if the house still has furniture and belongings — we handle removal). No commission, no closing costs to you. Call (504) 920-4747 for a cash offer within 24 hours.
Frequently asked questions
How long does a Louisiana succession usually take?
An uncontested, straightforward succession in Orleans Parish typically takes 60 to 90 days from filing to judgment of possession. A small succession affidavit (for estates under $125,000) can be done in 2 to 6 weeks and doesn’t require a court hearing.
Can I sell the house before the succession is finished?
You can put the house under contract before the succession is finished, but the actual title transfer at closing has to wait until the judgment of possession is signed (or the small succession affidavit is recorded). An experienced buyer will lock in the sale price now and close as soon as the paperwork clears.
What if the deceased didn’t leave a will?
You can still open a succession. Louisiana intestate law (Civil Code articles 880-901) sets a default order of inheritance: descendants first, then parents/siblings, then more distant family. An attorney identifies the legal heirs and prepares the judgment. Takes about the same 60-90 days.
Do all heirs have to agree to sell?
Yes — every heir who inherits a share of the property must sign the sale documents. If one heir refuses, the other heirs can file a “partition suit” to force a court-ordered sale, but that takes 6 to 12 months. The faster answer is usually to negotiate a buyout among heirs or reach agreement to sell together.
What are the tax implications of selling an inherited house?
Inherited property gets a “stepped-up basis” for federal capital gains tax purposes — the tax basis resets to the property’s fair market value at the date of death. If you sell close to that value, capital gains tax is often zero or minimal. This is a general rule and everyone’s situation is different; talk to a CPA before closing. We can refer you to local New Orleans CPAs experienced with real estate.
What if the house is in bad shape?
We buy as-is. Deferred maintenance, hoarding, storm damage, missing systems, foundation issues, code violations — none of it prevents a sale to us. That’s the whole point of a cash buyer. We handle everything after closing.
How do I get started?
Call (504) 920-4747 or fill out the form on this page. We respond within 24 hours with a walk-through offer to review with your family.