SUCCESSIONS
When a person owning property (whether real estate or movables) in Louisiana dies, the property becomes a part of the entity known as an “estate”. The property comprising the estate is subject to being inherited by the Decedent’s heir(s). If a Decedent executed a valid Last Will and Testament (“Will”), then the Will controls who is entitled to inherit the estate. If there is no Will, or if a legacy lapsed without an alternative provision, then the Codal law of Louisiana establishes who the legal heir(s) are. A formal succession is a legal proceeding which involves the filing of required pleadings to establish certain facts with the Court. Some of the essential facts which need to be established with the Court are the occurrence of death, an itemization of the assets belonging to the estate, and the value of each asset. If there is a Will, it must be proved (probated) as a valid one before the Court. Any state or federal inheritance taxes due must be paid either to the State or the Internal Revenue Service. The heir(s) or the Executor/Administrator must petition the Court for recognition of the ownership rights of the person(s) entitled to inherit. A final Judgment of Possession is signed by the Court recognizing the rights of the heir(s) and is recorded in the Conveyance Records of the parish where the succession was opened and where immovable property is located. This serves to place the public on notice as to whom the new owners are.
Depending on the circumstances of the particular succession, some can be opened and closed in a relatively short period of time, whereas some are opened under an administration and may extend over time. A succession is considered under administration when an Executor or Administrator qualifies and is appointed. Successions are administered for various reasons, including, when assets need to be managed, sold, or if there is pending litigation.
Some successions are given "small succession status," which allows for an executed affidavit to serve as sufficient authority for the payment or delivery of money or property of the Decedent described in the Affidavit to the heir(s) and the surviving spouse in community. The succession does not have to be opened judicially and the Affidavit must be signed by at least two persons, including the surviving spouse, if any, and one or more competent major heirs of the Decedent. The Decedent's interest is limited to the gross value of $75,000 or less. The Decedent must have died without a will and any real estate must meet certain requirements as defined in the law."
I am able to prepare both simple and complex Wills and Trust agreements for clients. I am experienced in probating out-of-state Testaments in Louisiana.
Sometimes heirs have legal disputes which cause the succession to be contested. I represent heirs in both contested and uncontested successions. No succession is too simple or complex for me to handle due to my ample experience. Please call me concerning any of your succession needs.
The following is a link which contains a succession questionnaire for relevant information needed to represent you in a succession.
