successions
We are experienced in handling all types of successions (the name for estate or probate proceedings in Louisiana) including small successions that may be completed by affidavit procedure, ordinary successions, and large complex successions that may require the filing of a federal estate tax return.
We understand that the loss of a loved one is difficult and the prospect of winding down the deceased’s affairs can seem to be a daunting task. However, we endeavor to efficiently and responsively assist our clients in completing all succession proceedings. Most clients are relieved after the initial meeting when the process is explained and we strive to make the process as easy for our clients as possible.
Frequently asked questions
What is a succession?
A succession is the legal process in Louisiana for assembling the assets of the deceased person (called the “decedent”), paying or satisfying any liabilities or creditors, and distributing the assets to the heirs or legatees.
What is an intestate succession?
An intestate succession is the proceeding for a decedent that dies without a will. In that case, the decedent’s property will pass by the laws of “intestacy” to his or her heirs. A surviving spouse is not considered an heir, per se, but instead is entitled to a so-called usufruct until death or remarriage of the decedent’s one-half (1/2) share of community property, but ordinarily is entitled to no rights in the decedent’s separate property.
What is a testate succession?
Conversely, a testate succession is a succession where the decedent dies with a will, which governs the manner in which the decedent’s assets will pass to “legatees”, directly or in trust, subject to limitations of Louisiana law, including, e.g., “forced heirship” (under which certain children may be entitled to a minimum portion (called the “legitime”) of the decedent’s estate), the “marital portion” (under which a “poorer spouse” may have somewhat similar rights), and Louisiana’s unique property and trust laws.
Is a succession necessary?
A succession is necessary for nearly all persons that are domiciled in Louisiana at the time of their death. If the decedent owned an interest in Louisiana real estate, a Louisiana succession proceeding will always be necessary.
If the decedent died intestate and with gross assets less than $125,000, the small succession affidavit procedure may be utilized.
Though we understand it may be difficult to begin the process, usually the sooner we are consulted the easier the succession process will be.
Who is entitled to administer the succession?
For a testate succession, the person (or persons) designated in the will (or, if they fail or cease to serve, then another person) is appointed as the “Executor”.
For an intestate succession, there is an order of preference for appointment of the “Administrator”, though the first to file may be appointed.
How long does it take to complete a succession proceeding?
The only honest answer is that it depends. Some successions in which we utilize a so-called “simple placing in possession” procedure may be completed in a few weeks. Administered successions usually take a few months, though it can be done more quickly or take a longer period of time depending on the circumstances (relationships among the heirs or legatees, whether real estate or other property will be liquidated, etc.)
Wills often provide that legatees must survive the decedent by a specified period (e.g. 60 days), in order to inherit.
Is there anything else I should know?
We understand that getting started with a succession proceeding can seem like a daunting task at a time that may already be filled with grief. However, we encourage you to meet with us as soon as you can. Our clients are often relieved after the first meeting when the process is fully described and the clients learn that the process will not be as difficult as imagined.