TL;DR
Louisiana has no statute of limitations on opening a succession. You cannot lose the underlying right to inherit by waiting. But you can lose the right to enforce a will (5 years), suffer acquisitive prescription on real estate (10 or 30 years), lose mineral leases, and create title problems that cost more to fix than a timely succession. Open it now if you can.
Clients call us every week with some version of the same question: “My grandmother died in 2003 and we never opened a succession on her house. Is it too late?” The legal answer is reassuring; the practical answer is more complicated.
The Short Answer: No Statute of Limitations on Opening
Louisiana does not have a deadline for opening a succession. Heirs and legatees inherit at the moment of death by operation of law (La. C.C. art. 934). What the succession proceeding does is document that inheritance for third parties — the parish recorder, title insurers, banks, mineral lessees. The underlying right doesn’t lapse from inaction.
We have personally handled successions opened 40+ years after death. They worked. They were not cheap.
The Long Answer: Five Things That Do Run Out
1. The Five-Year Limit to Probate a Will (La. C.C.P. art. 2893)
A nuncupative testament by public act may be probated more than five years after the testator’s death only on a court order, and an ordinary will must be probated within five years of when it was discovered or could have been discovered with reasonable diligence — or the will cannot be admitted. Louisiana courts construe the discovery rule generously, but plan to act within five years.
If you miss this window, the succession may proceed as if the deceased died intestate. That can radically change who inherits.
2. Acquisitive Prescription on Real Estate (La. C.C. arts. 3473, 3486)
If somebody else has been openly possessing the deceased’s real estate as owner, they may acquire it by acquisitive prescription — 10 years if they have just title and good faith, 30 years if they don’t. This is rare but devastating when it happens. Common fact patterns:
- A neighbor who has fenced and farmed a back-acre tract for 30+ years
- A sibling who lived in the family home, paid the taxes, and treated it as theirs
- An adverse possessor on a vacant lot whose tax sale was never redeemed
3. Tax Sales (La. R.S. 47:2153)
This is the most common silent loss we see. If the property taxes aren’t paid — because no heir knows the property is theirs — the parish sells the property at tax sale. The original owner has three years to redeem. After that, the tax purchaser can confirm title in their own name. Decades-old unopened successions and unredeemed tax sales are how Louisiana families lose ancestral land they never knew they owned.
4. Mineral Lease Bonus and Royalty Forfeiture
Mineral lessees won’t pay bonus or royalty checks to heirs whose chain of title isn’t recorded. When they can’t locate the lawful owners, the money goes to the state’s unclaimed property fund. After a few years of going unclaimed, those funds get harder to recover and may be subject to administrative escheat procedures. If your family has mineral interests, see our service page on Louisiana mineral rights succession.
5. The Evidentiary Problem
Time destroys evidence. Witnesses to an olographic will die. Bank statements get shredded. Marriage certificates from out-of-state ceremonies get harder to locate. Heirs themselves pass away, multiplying the number of people whose interests must be traced. A succession that would have taken 90 days in 2010 may take a year in 2030.
Sitting on an unopened succession?
Most older successions can still be opened — but the cost goes up every year. Get a free assessment of what your specific situation will take.
The Cost Curve: Why Older Successions Cost More
| Age of Death | Typical Complications | Cost Premium |
|---|---|---|
| Under 5 years | None unique to age | 0% |
| 5-10 years | Will-probate window closing; some heirs harder to locate | +10-25% |
| 10-20 years | Tax-sale risk; intermediate heir deaths (double successions) | +30-50% |
| 20-40 years | Multiple intermediate deaths; mineral-rights tracing; possible adverse possession | +50-150% |
| 40+ years | All of the above plus generation-skipping heir identification | +100-300% |
Special Case: When a Second Death Has Already Happened
Once a second generation has died without the first succession being opened, you must open both successions. We call this a “tandem succession.” Example: your grandfather died in 1995. His widow (your grandmother) died in 2018. To clear title to the family home, we have to file two petitions, present two sets of heirs, classify community vs. separate property at both deaths, and apply usufruct rules retroactively. It is not double the work, but it is often 1.5x.
Special Case: Heirs Who Themselves Have Died
Under La. C.C. art. 934, an heir inherits at the instant of death. So if your aunt was alive when grandfather died in 1990 but died herself in 2010 before opening the succession, her share did vest in her and now passes through her own succession to her heirs. We may need to open multiple successions in sequence, each one transferring property to the next set of heirs. The pattern repeats however many times death has intervened.
What an Unopened Succession Can’t Block You From Doing
- Possessing the property and paying its taxes
- Maintaining and insuring the property
- Renting it out informally (though title-insurance issues may surface)
- Continuing to receive mineral royalties already set up in the deceased’s name (some operators allow this temporarily; many do not)
What It Will Block
- Selling or refinancing the property — title companies will not insure a deceased person’s name on the deed. This is what stops most stalled Louisiana real-estate closings.
- Granting a mortgage
- Signing a new mineral lease
- Settling a lawsuit involving the property
- Receiving newly discovered assets (bank accounts, investment accounts) titled in the deceased’s name
If You’re an Out-of-State Heir
You don’t have to come to Louisiana to open a succession. Powers of attorney handle nearly everything. The procedure is the same regardless of how long the succession has been unopened. See our guide for out-of-state heirs and Louisiana succession, and our service page on ancillary Louisiana succession if the deceased lived elsewhere but owned Louisiana property.
Bottom Line
You will probably not lose your inheritance by waiting, but you will probably lose money. The right that doesn’t expire is the right to open. The rights that do expire — probating a will, redeeming a tax sale, collecting an unclaimed-property check, tracing a witness’s memory — are the rights that matter to your wallet and your timeline.
Related Reading
- How to Open a Louisiana Succession
- Why Louisiana Real-Estate Closings Stall on Old Successions
- Out-of-State Heir Guide to Louisiana Successions
- Complex Louisiana Succession Service
About the Author
Ronnie Cantin III is the principal attorney at Pelican Succession Law (3001 17th Street, Suite 102, Metairie, LA 70002 · (504) 389-6100 · info@pelicanfirm.com) and a member of the Louisiana State Bar Association (#39827). His practice concentrates on Louisiana successions, forced heirship, mineral-rights succession, and ancillary representation for out-of-state heirs across all 64 parishes.
Disclaimer. This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee future outcomes. For advice on your specific situation, consult a Louisiana attorney. Pelican Succession Law’s attorneys are licensed only in Louisiana. Attorney Advertising. Pelican Succession Law, 3001 17th Street, Suite 102, Metairie, LA 70002.