What are the elements or factors of a Louisiana state succession? Why is the succession or probate process so long?After a loved one dies, you will not have access to the property you should inherit until the succession is complete, so it is natural to wonder how long the process will take. Unfortunately, there is no simple answer to this question. Successions can be quick or can take up to a year. It all depends on the details of the estate and the dynamics of the family.

Factors That Can Stretch Out a Louisiana Succession

There are several different types of succession available in Louisiana, and each will take a different amount of time to complete. If an estate does not owe creditors and no estate taxes are due, a simple possession succession can sometimes be opened and closed in one day. In order for this to happen, all of the legatees or heirs must accept the succession unconditionally. 

Factors that will complicate and lengthen a succession are the value of the estate and the cooperation of family members. If any of the following is true, a succession can take several months to complete:

  • The gross value of the estate exceeds $125,000.
  • There are questions about the solvency of the estate.
  • Creditors are requesting a full-administration succession to ensure that they are paid.
  • There is a dispute over the validity of a Last Will & Testament.
  • Heirs or family members are in conflict over who should inherit what.
  • The named executor is not fulfilling his role or is acting in bad faith.
  • A house that is part of the estate is occupied by someone who will not give up possession.
  • There are problems with titles to property or vehicles included in the estate.
  • There are other disputes or conflicts.

These kinds of factors will have to be resolved before a succession can be finalized. On average, most successions can be completed in less than a year.

Working With an Attorney Will Speed Up the Process

Even when there are no conflicts to resolve, if the proper steps are not taken, a succession can be dragged out longer than it should. However, when you work with an estate and probate attorney to open a succession and assist throughout the process, you can be sure everything will proceed as efficiently as possible. 

Before you get in over your head, call Scott | Vicknair Law, Estate & Probate Division, to find out what is involved in your loved one’s succession. We will either point you in the right direction to complete the process on your own or let you know how we can help you resolve a more complicated estate. Fill out the form on this page to get in touch with us today!

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