Louisiana situation guide · Updated November 2026

Wholesaling Probate Properties in Louisiana

Wholesaling probate properties in Louisiana means contracting to buy a home from heirs or a succession representative, then assigning that contract to a cash buyer. Louisiana has no common-law probate, so these deals run through a succession. In New Orleans, Act 807 of 2026 (reported as effective August 1, 2026; confirm on legis.la.gov) adds written disclosures and a cancellation right for sellers.

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The short answer

How does a succession change a wholesale deal in Louisiana?

In Louisiana, a deceased owner’s home passes through a succession, and heirs usually need a judgment of possession before they can sign a deed. You can contract earlier, but the closing date should wait for that judgment and for the Act 807 cancellation window to end. Ask a Louisiana attorney or notary which succession path fits the family.

A succession is the court process that recognizes who inherits. The court may sign a judgment of possession that puts heirs or legatees in possession of the immovable property. Some smaller estates may qualify for a small succession by affidavit under Code of Civil Procedure art. 3421, though the dollar limit changes, so check current text. Our probate leads guide covers how to find these families.

Louisiana is a community property state, and forced heirship can apply to some children. That means the surviving spouse and several heirs may all have a say in the sale. Use our title search guide to see who is on record before you write an offer, and pull comps for the price.

Probate Properties in Louisiana at a glance

Process	Succession in civil court, not probate
Key paper	Judgment of possession for the immovable
Small estates	Affidavit route may apply (CCP art. 3421)
Family rules	Community property and forced heirship can matter
Wholesaling law	Act 807 of 2026, one to four units
Seller cancel window	At least five calendar days

The opportunity

Why probate properties work in New Orleans

Orleans Parish has many old shotgun and raised homes that stay in families for generations. When the owner dies, heirs often live in other cities and want a quick, clean exit. Neighborhoods like Gentilly, the 7th Ward, Central City and Algiers hold many of these houses. Storm repairs, insurance bills and parish taxes pile up while a succession drags on. A buyer who handles the clutter and waits for the court can be a relief.

Distant heirs

Out-of-town heirs rarely want to manage repairs or a New Orleans insurance bill.

Carrying costs

Taxes and insurance continue while the succession is open, which pushes families toward a sale.

Shared decisions

Several heirs agreeing on one cash buyer can beat a long listing. See our heirs’ property guide.

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Lead sources

Where to find succession leads in Orleans Parish

Succession filings. Civil District Court records show newly opened successions and who the petitioner is.
Obituaries. Death notices point to houses that may soon change hands.
Tax rolls. Mailing addresses that differ from the property often signal heirs. Try owner lookup.
Vacant houses. Drive Gentilly and Pontchartrain Park and note dark, overgrown homes. See driving for dollars.
Attorneys and notaries. Succession lawyers meet heirs who want to sell and may refer them to you.

Your exit

Who buys inherited New Orleans houses

Local rehabbers and landlords buy most of these homes, and some want to move quickly after a judgment of possession. Tell buyers early that closing depends on the court. A clear timeline matters more to them than a rushed one.

Keep your buyer list current with a buy box for each cash buyer, so you can match a Gentilly raised ranch to the right person. Our cash buyer guide shows how to build that list.

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Step by step

How to start wholesaling probate properties in Louisiana

Find the family. Identify the heirs, the surviving spouse and any named succession representative.
Confirm the status. Ask whether a succession is open or whether a judgment of possession already exists.
Disclose first. Hand over the written Act 807 disclosures before the contract is signed. See is wholesaling legal.
Set the price. Run the ARV calculator and the MAO calculator.
Sign with the notice. Include the statutory notice, the cancel-by date and the LREC cancellation form.
Fund the deposit. Place at least 1% of the price in escrow in Louisiana.
Close after the court. Use an investor-friendly title company once the judgment is signed.

Your checklist for wholesaling Probate Properties in Louisiana

Confirm who the heirs are and whether a spouse holds a community interest.
Ask for the judgment of possession before closing, not before contracting.
Give the Act 807 disclosures in writing before each contract.
Attach the LREC cancellation form and the statutory notice.
Hold the deposit in a Louisiana escrow account.

A Louisiana example: a Gentilly house in succession

Contract price	$140,000
Deposit (1%)	$1,400 in escrow
Estimated repairs	$38,000
Buyer pays you	$162,000 total
Assignment fee	$22,000
Seller timeline	Closing after judgment of possession

This worked example uses made-up numbers. A woman died in Gentilly and left a raised ranch to her three children, two of them in Houston. The family had opened a succession and wanted out before hurricane season.

You met the heirs, gave the written disclosures and signed at $140,000 with the cancel-by notice in place. You put $1,400 in escrow and marketed the contract to cash buyers.

A New Orleans rehabber agreed to pay $162,000 after the judgment of possession was signed. You earned about $22,000, and the family received its full price without a listing.

Louisiana rules to know

Act 807 and succession rules in Louisiana

Act 807 of 2026 (HB 468) added R.S. 37:1448.5 for wholesaling of one to four unit homes. As the Act reads, you must disclose in writing that you may assign the contract for more, that the heirs should seek legal advice, and that they may cancel for at least five calendar days. The Act also asks for a deposit of at least 1% in escrow.

Heirs and succession representatives are sellers like anyone else under this Act, and a missed disclosure can make the contract voidable until title transfers. Whether the owner exemption in R.S. 37:1438 helps a contract buyer is an open question. Check current text and talk to a Louisiana attorney. See our attorney guide.

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Succession deals take patience and careful paperwork. Mentorship students send us their questions and contracts, and we help them avoid costly mistakes.

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FAQ

Probate Properties in Louisiana: common questions

Is wholesaling probate properties in Louisiana legal?

Yes, when you follow Act 807 of 2026 for one to four unit homes. That means written disclosures, the cancellation notice, and an escrowed deposit. Check current text and ask a Louisiana attorney, since the rules are new. Keep signed copies of every notice in your files.

What is a judgment of possession?

It is a court judgment in a succession that recognizes who inherits and puts them in possession of the property. Buyers and title companies usually want it before closing, so plan your closing date around it. Your title company can tell you exactly which version it needs.

Does Louisiana use probate?

No. Louisiana is a civil-law state and uses a succession instead of probate. The court process, forms and terms differ, so ask a Louisiana attorney or notary which path fits the family you are working with. Do not copy forms from elsewhere.

Can heirs cancel after signing?

Under Act 807 as written, a seller can cancel for any reason during at least five calendar days after signing. A missing disclosure may let the seller void the contract later, so keep copies of everything you hand over. Dated copies help if anyone disputes what happened.

How much deposit does a wholesale contract need?

As the Act reads, each wholesaling contract needs a deposit of at least 1% of the price held in escrow in Louisiana or in the seller account. On a $140,000 deal that is $1,400. Confirm the current rule, and escrow it before you start marketing the contract.