Q: My mother and i both name on the tile of the house when she pass away do i have to do probate or what is best option

A: Louisiana law requires co-owners of property to obtain a judgment of possession to have clear title to immovable property (your home and land) when one of the co-owners die. This is true whether you are related to each other, are married to each other or are simply co-owners of land. The concept is that each co-owner owns an undivided interest in the entire property so a judgment of possession is required to identify the owners. In addition, ownership does not pass to the other co-owner automatically. For example, if you have other siblings, they may inherit part of your mother's interest unless she left a Will leaving you her entire interest in the property. There are several options available to you depending on the value of the property, whether there is a Will, whether there is a surviving spouse and/or other children.

A: Yes, you will need some form of Succession - but that method (and whether you have to judicially open or do an Affidavit) depends upon whether there was a Will or not and the value of the estate. Also, how your mother's share in the house gets transferred also needs to be considered - a Will can dictate the transfer, or default intestacy laws apply, which consider if the house was separate or community and who her legal heirs are. You need to contact counsel well versed in probate to address these factors and determine the best route for you.