How Do I Transfer Land Ownership to Children in Louisiana?

By Marcy Brinkley

If you want to transfer land located in Louisiana to your children, you must do so in writing or the transfer will not be legal. Discuss the transaction with your children to determine if they want the land; the transfer should not be a surprise. You may list them as joint tenants with right of survivorship with you, which means all of you own the property while you are alive and only the children own it after your death. Or, if you want no ownership rights any longer, you can sign it over to them. In either situation, you will need to execute a new deed. In Louisiana, deeds must be notarized and recorded in the parish records.


Transferring land to your children can be complicated in certain situations, especially if your property is valuable. You should consider hiring an attorney or an online legal document provider to handle the paperwork. Even in relatively simple transfers, you may run into problems if you are over the age of 60 and there is concern the transfer may have been caused by your children taking unfair advantage of you. For example, if you have four children but transferred land only to John and Susan, the other two might worry that John and Susan influenced you -- or even forced you -- to transfer the property to them. While you are free to make any gifts you want, the government has a duty to investigate the situation if they receive a complaint of possible elder abuse. Consulting an attorney helps to show the gift was not made due to undue influence.


A warranty deed guarantees there are no liens, mortgages or claims from third parties that encumber the land. A quitclaim deed, on the other hand, simply transfers your interest in the land to your children without guarantees. Most real estate transactions use a warranty deed. If you prepare your own deed, you must include the legal names of the seller and buyers and legal description of the property. You can find the legal description on your current copy of the deed. If you do not have a copy, request it from the land records office in your parish. The deed must be signed in the office of a notary public.

Protect your loved ones. Start My Estate Plan


Consider possible tax consequences when you sell or give land to your children. Louisiana law requires you to include the sales price and mortgage amount, if any, in your deed. Since the Internal Revenue Service allows you to give only a certain amount to any individual each year without paying a gift tax, you should consider consulting a tax professional to assist you. Whether you give the property to your children at no cost or ask them to buy it for less than fair market value, the IRS considers the transfer a gift. However, unless the property is located in New Orleans, you will not be required to pay local or state transfer taxes. New Orleans charges a flat "documentary tax" for recording deeds, mortgages and other documents. Whether you give the land to your children or sell it to them, the documentary tax will be the same amount.


You are required to record the deed in the parish where it is located. These are public records that notify others who owns the property. In most parishes, the Clerk of Courts handles the recording process. The larger parishes have separate departments that handle that function. Since recording rules may vary widely, contact the clerk to ask about recording fees and requirements. Take the original deed to the courthouse, pay the required fee and submit the deed for recording. You may request a certified copy of the deed at that time.

Protect your loved ones. Start My Estate Plan
Can You Change a Deed Anytime You Want to if You Have Power of Attorney?


Related articles

How to Transfer a Deed Left From a Will

When probate of the estate is almost complete and real estate remains in the estate, as personal representative, or executor, of the will, you may want to remove the remove property out of the estate and either convey it to the intended devisees under the will or to a third-party purchaser. Although title to the property actually passed to the devisees or heirs upon death, you may choose to convey the property by deed to clarify the county real property records.

Texas Inheritance Laws Without a Will

A will is an important part of ensuring that your property is distributed according to your wishes after your death. If you die without a will in Texas, your property will be divided based on a set of probate rules that prioritize heirs based on their legal relationship to you. If you leave a surviving spouse, the amount she will be entitled to will depend on how the property is classified, and whether you left any children.

How do I Change a Quit Claim Deed in New Hampshire After a Divorce is Final?

A quitclaim deed conveys title to New Hampshire real estate without the guarantees typically included in a warranty deed. Quitclaim deeds are often used to convey real estate between family members or in a New Hampshire divorce when one spouse relinquishes title to the other as part of a marital property settlement. Quitclaim deeds are fairly simple, but mistakes happen. A quitclaim deed may be changed or corrected in New Hampshire by executing a new, corrected deed.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help. Wills & Trusts

Related articles

How to Remove a Descendant's Name From a Property Deed

Real property owners sometimes include a descendant, usually one of their children, on their property deed so that when ...

How to File for Divorce If You Got Married Overseas

A divorce proceeding is a civil action, similar to a lawsuit, in which you ask a court to grant you a divorce decree. ...

How to Write a Deed With Power of Attorney

A real estate deed is a document representing legal ownership of a parcel of real estate. To transfer ownership of real ...

How to Transfer a Power of Attorney

A power of attorney is a legal document that allows someone to act on your behalf; this person in known as an agent, or ...

Browse by category
Ready to Begin? GET STARTED