Legal Help When You Need It Most
Losing a loved one is always hard.
Unfortunately, settling their estate in Louisiana may add to the stress and grief.
With unique procedures, complex statutes, and a wide variety of potential issues, most people find the succession process more than they can handle alone.
If you’re facing a Louisiana succession, the lawyers at Camille Patti & Associates, Attorneys at Law, are ready to help. We’ll provide clear answers and personalized guidance to settle matters as smoothly and quickly as possible.
When a loved one passes away, their property and assets need to be legally transferred to their heirs or beneficiaries, their asset titles need to be cleared, and any outstanding debts they had need to be paid.
In Louisiana, this process of administering the estate of the deceased is called succession.
However, not all Louisiana estates go through the same succession process. This is because successions vary, depending on what arrangements the deceased made before their death, the size of their estate, and whether heirs agree on how to proceed.
As a result, Louisiana successions can range from being relatively simple and quick to very complex and time-consuming.
Additionally, there are many complex aspects of the succession process, which may lead to complications with administering the estate.
Common succession complications include:
To avoid this and other undesirable outcomes, our succession attorneys offer simple, affordable ways to ensure that a person’s wishes about what is done with their estate are honored.
We’ll also clarify complex situations, help you examine your options, and identify what steps to take to get the best outcome possible.
In Louisiana, successions are primarily divided into testate (with a will) and intestate (without a will) proceedings.
Intestate Successions
If a person dies without a will or the will is invalid, the Louisiana Civil Code will step in to determine who inherits an estate. This is known as intestate succession.
In these situations, each person’s unique family situation will dictate how their estate is divided, which may or may not be how the deceased wanted it.
Testate Successions
While intestate successions are directly influenced by each person’s unique family situation, testate successions are structured by the decedent’s wishes.
Based on their complexity, they can be administered as small successions, which does not require the judicial opening of a succession.
If administration through the courts is required (or preferred for various reasons), the succession can either be judicially administered or independently administered by the succession administrator.
Our succession attorneys have years of experience handling these various types of successions and want to help you understand each type:
Small Successions
Smaller estates (a gross value of $125,000 or less according to Louisiana Civil Code) can be administered outside of court with affidavits from heirs.
However, doing so may create problems. For example, this can create issues with “chain of title” for real estate, which is the history of a property’s title transfers from the current owner back to the original owner.
So even if your estate qualifies as a small succession, it may still be preferable to judicially open the succession in order to obtain judgments of possession.
Court Administration of Succession
Successions that are administered through the courts can be either administered judicially or through independent administration.
Judicial administration requires the administrator to seek and gain court approval before each step they take when administering the estate.
With independent administration, the estate administrator opens the succession in court and obtains letters of independent administration that then allow them to administer the estate without seeking additional court approvals.
No matter what type of succession is needed, our attorneys are ready to help you settle an estate in the simplest way possible.
Each estate is unique. Thus, each succession is unique as well.
Nevertheless, there is a general process that most Louisiana successions follow.
Our succession attorneys have outlined these steps below:
Step 1: Gather Documents
After the deceased’s passing, there are important documents needed to begin the succession process in Louisiana.
These include a death certificate, an original copy of the will (if any), and asset information such as bank accounts, property titles, and any documents outlining debts.
Our attorneys can help you establish what documents you need and how to acquire them.
Step 2: File a Petition
This step begins the legal process of having a court legally recognize a will — or lack thereof — and appoint a succession administrator.
If the decedent left a will, it usually names the person or persons the decedent wished to administer their estate. If there is no will, then usually a close relative is appointed as administrator.
Before a formal appointment, a proposed succession administrator must execute a sworn statement promising to uphold their fiduciary duties as administrator.
An administrator may also be required to post bond, although testators can choose to have their appointees forgo this requirement.
To open a will, a petition is filed in the district court for the parish where the deceased lived, or where immovable property owned by the decedent is located.
Step 3: Prepare an Inventory/Descriptive List
As described in Louisiana Civil Code, preparing a descriptive list involves compiling a court-filed document that lists all assets and debts of the deceased person’s estate, along with their fair market value on the date of death.
It also must be sworn to and signed by the succession representative or heirs.
Providing a descriptive list acts as an official record of the estate’s value, allowing the court to ensure that creditors are paid and that assets are correctly transferred, which is often needed to file a judgment of possession.
Step 4: Pay Debts
Once a descriptive list has been prepared that outlines the assets and debts of the deceased, the administrator can then use assets from the estate to settle any debts with creditors.
Thus, creditors must be notified in order for them to make claims against the estate.
The representative also settles valid debts, funeral expenses, and taxes.
Step 5: Judgment of Possession
Once all of the above steps have been taken, a representative can then petition to have a judgment of possession issued.
This is a court order signed by a judge that formally transfers the titles of a deceased person’s assets to their heirs or legatees.
This step is the culminating document in a Louisiana succession proceeding. It formally establishes who inherits the property, including a surviving spouse’s community property share. Timelines vary a great deal during the succession process. That means some uncontested successions can be finished in a few months, while complex ones may take years.
Knowing all of the unique factors of a succession and how to manage them can be exhausting. That’s why choosing our succession attorneys is a wise decision.
Not only can we skillfully handle each specific step involved with your unique succession, but we can also use our experience and insights to avoid problems and help the process go as smoothly as possible.
Having to deal with the succession process can feel overwhelming, especially when dealing with the grief, loss, and everything else involved in losing a loved one.
Our succession attorneys understand what you’re facing and are here to make the succession process as simple and smooth as possible.
That’s why we have outlined some of the easy succession options available in Louisiana.
Small Succession Affidavit
If the deceased had a valid will or died intestate (without a will) with assets valued at $125,000 or less, a small succession affidavit can be used.
This affidavit allows for the immediate transfer of assets without a court proceeding, thus greatly simplifying the process while giving you more control to settle the estate on your own.
However, using a small succession affidavit also involves some drawbacks. Thus, it’s necessary to contact an attorney before proceeding with this process.
Independent Administration
If the decedent provided for it in their will, or the heirs of an estate agree, they can petition the court for independent administration of an estate.
Independent administration greatly streamlines the administration of an estate, empowering administrators to execute their fiduciary duties without court approval for every individual step.
If you’re hoping for an easy succession, consult with our attorneys. We’ll guide you through the process, answer your questions, and provide you with clarity in this difficult time.
Not all successions go as planned. When there are challenges to Louisiana successions from an heir or another party our succession lawyers are ready to help you.
Contested vs Uncontested Successions
In any type of succession, the process can also be contested or uncontested.
Uncontested successions result in the estate being settled as outlined in the will, or according to Louisiana intestate laws when there is no will.
A contested succession, however, occurs when the heirs of the deceased dispute the will or the distribution of property, which often slows the entire succession process.
Successions may be contested for a number of reasons.
These include:
Unfortunately, a challenge to a succession often results in significant delays and legal costs.
How to Minimize Succession Challenges
The best way to minimize potential challenges to a succession is by proper planning, which will help avoid any potential conflicts or illegalities in the first place.
If you need help resolving a contested succession, turn to our succession attorneys. We’ll examine exactly what was written and what is legally valid. From there, we’ll outline the best solution to help the succession move forward as smoothly as possible.
No one wants a succession to take more time than is necessary. To help move things forward, Louisiana offers a number of ways to simplify the succession process, which includes independent administrations.
As mentioned earlier, independent administrations provide a streamlined probate process by allowing a succession representative to manage an estate without obtaining prior court approval for every action.
That means the representative can pay debts, sell property, and distribute assets according to their own timetable, rather than by filing petitions for authority to sell, lease, or distribute estate property.
As a result, this process reduces court costs and delays while allowing the independent administrator to operate efficiently.
However, an independent administration must be expressly provided for in the will. If there is no will, all intestate heirs must first consent to it.
Additionally, an estate needs to be solvent (meaning the estate assets are greater than its debts) for it to be managed using an independent administration.
And while court supervision is minimal, the representative still holds a fiduciary duty to act in the best interest of the heirs. They may also be required to file a final accounting unless waived by the heirs.
If you need help establishing or managing an independent administration, our succession attorneys are ready to help you.
One of the primary goals of the Louisiana succession process is to allow assets of an estate to be legally sold or transferred.
Yet, some major assets like real estate or vehicles need to have a “clear title” that is not subject to liens or other legal claims for them to be distributed during the succession process.
However, not all titles are clear. For example, the deceased may have passed away while an asset was still under a financial contract or other legal claim.
Unclear property ownership may occur for a number of reasons:
If this is what you or your family is facing, our succession attorneys can help.
One way we can assist is by helping you obtain a clear title for these assets by petitioning for a quiet title.
This takes place by filing a civil lawsuit (also known as a petition to quiet title) to remove issues like old tax sales, missing heirs, or unadministered successions from the chain of title.
This process requires notifying all interested parties, potential court hearings, and ultimately recording a final judgment of ownership in the parish conveyance records.
Steps to a clear title from a quiet title in Louisiana
If previous owners are unknown or cannot be located, you must publish the notice in the local newspaper.
Our succession lawyers are ready to help you with each step, including caring for all necessary paperwork and filing a petition to quiet title.
Succession law in Louisiana is far from simple. Rather, there are unique laws, procedures, and even terms that aren’t part of any other state’s probate process.
Our succession lawyers are ready to help you in any way you need, no matter what unique challenges you’re facing. Let us provide the answers and guidance you’re looking for during this difficult time.
Because each estate is unique, you may be facing problems or issues you never imagined facing.
So whether you don’t know where to start, don’t understand what you’re facing, or don’t know what to do with a specific issue, it’s essential to know that there is helpful, affordable legal guidance available.
Our attorneys are ready to simplify and clarify even the most complicated succession issues, often saving you money in the process.
If you need help dealing with the complex Louisiana succession process, then contact our succession lawyers today.
We’ll combine our deep understanding of Louisiana law with our personal concern and care for each client, helping you efficiently move through the process while achieving the best outcome possible.
Call us at 504.321.3364 or use our contact form.
