Estates generally fall into one of two categories: those that do not require administration and those that do. We’ll take a look at the differences here.
Succession Without Administration
This type of succession is known as “simple possession” and does not require a personal representative or executor. The estate must be filed with the court, and a judgment of possession will be issued, which allows assets and property to be transferred to heirs. Simple possession applies to estates with and without a will as follows:
- With a Last Will & Testament (testate). If everyone involved with an estate, including heirs, creditors, and other family members, agrees that the testament is legitimate and accepts the terms of the testament, the estate can proceed without administration. Several documents will have to be prepared and filed with the court so that a judgment of possession can be issued, and assets can be distributed to heirs.
- Without a Last Will & Testament (intestate). If no testament exists, the court will distribute property and assets according to state law. If the estate is relatively free of debt and everyone involved agrees that administration is not needed, it will proceed in a manner similar to estates with wills. All of the heirs will be required to sign a petition for succession.
While this type of succession does not usually require that an attorney be involved, if you are confused about what documents need to be filed or concerned about any of the proceedings, you can work with a succession attorney for your own peace of mind.
Succession With Administration
Successions with full administration can be very complicated and will take a lot longer than a simple possession. If you are the executor of the will or are an heir who is concerned about your rightful inheritance, you should work with a succession attorney. Some issues that may require a full administration succession include:
- Questions about the validity of a testament
- Questions about who is entitled to inherit
- Difficulty identifying or locating heirs
- Concerns about estate debts and paying creditors
- Other disputes among family members, creditors, or other interested parties
Issues like these often lead to litigation, and you want to be sure you are represented by an experienced succession attorney to protect your rights and your loved one’s wishes.
Turn to Scott Law Group – Estate Counsel When You Need a Succession Attorney
When you have questions or concerns about the succession process for your loved one’s estate, let our experience work for you. Contact us to get started today.
Getting the Right Procedure From the Start
Choosing the wrong succession procedure wastes time and money. Simple possession cannot be used when administration is legally required, and starting an administration when simple possession would have worked adds unnecessary court steps and cost. An experienced Louisiana succession attorney can assess the estate quickly and tell you which path is appropriate. Contact Scott Law Group at (504) 264-1057 to discuss your loved one’s estate.
Testate vs. Intestate: The First Division of Every Louisiana Succession
Every Louisiana succession falls into one of two fundamental categories: testate (with a valid will) or intestate (without a valid will). In a testate succession, the decedent left a valid will that expresses their wishes for distributing their estate. The court’s role in a testate succession is to confirm the will’s validity, appoint the executor named in the will (or a substitute if the named person cannot serve), oversee the administration, and ultimately enter a Judgment of Possession distributing the estate according to the will’s terms. The distribution follows the testator’s expressed wishes, subject to Louisiana’s forced heirship rules and other mandatory provisions that cannot be overridden by will.
In an intestate succession, no valid will exists — or the will that was found is legally invalid. Louisiana’s statutory intestate succession rules then determine who inherits, in what proportion, and in what form. These rules follow a strict hierarchy based on family relationships: descendants first, then parents and siblings, then more remote relatives in order of proximity. A surviving spouse’s rights depend on the nature of the assets (community versus separate property) and whether the decedent had descendants. The court appoints an administrator — rather than an executor — to manage the estate when there is no will naming an executor.
A succession can be partially testate and partially intestate when a will exists but does not address all the decedent’s property — for example, when the will leaves specific items to named people but fails to include a residuary clause, and the decedent owned property not covered by the specific bequests. The property addressed by the will passes according to its terms; the property not addressed by the will passes under Louisiana’s intestate succession rules. This situation is one reason experienced succession attorneys always include a residuary clause in any will they draft — to ensure that every dollar of the estate is covered by the testamentary plan.
Supervised vs. Unsupervised Administration: Choosing the Right Track
Louisiana succession proceedings can be classified by the degree of court involvement required. In a supervised succession, the executor or administrator must obtain court approval for significant actions during the administration — selling estate property, paying debts, distributing assets to heirs. This level of oversight protects all interested parties and is appropriate when heirs do not fully agree, when creditors have competing claims, or when the administration of the estate is contested. Supervised administration takes longer and costs more, but it provides a clear court record of every decision made during the administration.
An independent or unsupervised administration — where the executor acts without court approval for ordinary administration decisions — is permitted in Louisiana when the will authorizes it and all heirs consent. Unsupervised administration is faster and less expensive than supervised administration because it does not require court hearings for routine decisions. It is appropriate for straightforward estates with cooperative heirs, no significant creditor disputes, and an executor who can be trusted to act in the estate’s best interests without court oversight. The succession attorney advises the executor throughout the process even without formal court supervision.
In practice, most Louisiana successions are relatively simple proceedings that do not involve ongoing supervised administration — the court supervises by reviewing and signing the Judgment of Possession, but the executor handles the administration informally between the opening of the succession and the final judgment. When complications arise — a disputed creditor claim, an heir who challenges the inventory, real estate that is difficult to value — the court can be drawn into a more active supervisory role. The succession attorney’s judgment about which approach to use, and when to involve the court, is one of the most valuable services they provide to a family navigating this process.
Summary Succession vs. Full Probate: When Simplified Procedures Apply
Louisiana law provides simplified succession procedures for smaller estates that meet specific criteria. When the total gross value of the estate does not exceed $125,000 (subject to periodic adjustment), the succession may qualify for a summary proceeding — a more streamlined court process that requires fewer filings, less court involvement, and typically resolves faster than a full administration. The small succession affidavit procedure available under Louisiana Revised Statute 9:1421 is an even more simplified option for qualifying estates, allowing heirs to collect assets from financial institutions without any court filing at all.
Full succession administration — the standard court proceeding — is required when the estate does not qualify for simplified procedures, when the will requires formal probate, when there are creditor claims to be resolved, or when the estate includes real estate requiring a recorded Judgment of Possession. A full administration can be relatively quick and inexpensive for a simple, uncontested estate, or it can be prolonged and complex for an estate with significant assets, multiple beneficiaries, or contested issues. The time and cost of a full administration depend almost entirely on the cooperation of the heirs, the complexity of the estate’s assets, and the number and size of creditor claims.
Choosing the right procedure is one of the first decisions a succession attorney makes when retained by an executor or heir. The consequences of choosing incorrectly can include delays, additional court filings to correct the procedure, and in some cases, personal liability for the executor who followed an improper process. An experienced Louisiana succession attorney assesses the estate’s facts — its gross value, the nature of its assets, the number of heirs, and the presence of creditor claims — and recommends the procedure best suited to the family’s circumstances. There is no one-size-fits-all approach to succession proceedings, and the attorney’s ability to navigate these procedural choices efficiently and correctly is central to the value they provide.