In Louisiana, succession refers to the process of transferring a deceased person’s assets to their heirs and designated beneficiaries. While succession is sometimes straightforward, making sense of the Bayou State’s legal requirements can pose a significant challenge to otherwise “simple” estates. .jpeg)
Understanding Louisiana Successions
Every state has its own estate laws and civil procedures. In Louisiana, “succession” is used to refer to the probate-like process of dissolving a deceased person’s estate. However, Louisiana has a unique history, and its succession practices are unlike those of other states.
Louisiana courts employ elements of both American common law and European-inspired civil law. While the differences between succession and out-of-state probate are often minute, civil law theories like “forced heirship” can create uncommon complications.
Defining Succession
State law provides a relatively straightforward definition of what constitutes a succession. According to Louisiana Civil Code Article 871, succession is “the transmission of the estate of the deceased to successors.” In other words, succession is the resolution of a deceased person’s remaining affairs. During a succession, the decedent’s estate representative must:
- Notify the courts of the deceased person’s death
- File a succession petition and inform heirs of proceedings
- Inventory and assess the decedent’s possessions
- Pay the estate’s creditors
- Disburse inheritances to heirs and other beneficiaries
Types of Succession
- Testate succession. If the deceased person had a last will and testament, revocable living trust, or another estate plan, their personal representative may initiate a testate succession. During a testate succession, the estate is resolved according to the decedent’s stated wishes.
- Intestate succession. If the deceased person did not have a last will and testament or another estate plan, the deceased person’s family must ask the court to appoint a personal representative and initiate an intestate succession. During an intestate succession, the estate is distributed in accordance with a pre-defined legal formula.
The Steps in Succession
- The personal representative must inform heirs, creditors, and other interested parties that succession proceedings have been initiated.
- The personal representative or their attorney must marshal and inventory the decedent’s assets.
- After marshaling and inventorying the estate assets, the representative must order any necessary appraisals.
- The personal representative must pay the estate’s creditors.
- The personal representative will distribute inheritances and ask the court to close the succession.
Succession is a time-consuming and deadline-driven process. While uncontested estates can often be resolved amicably and quickly, minor disputes and disagreements about the conditions of a will can have devastating consequences.
Estate Complications Can Be Problematic for a Succession
Since any interested party can file a challenge if they have reason to believe the will was invalid, succession cases can quickly become complicated. Even if a disinherited heir or jealous beneficiary cannot prove their claim is valid, the estate representative has a legal obligation to defend the estate from challenges. A Louisiana succession could become complicated if:
- The deceased person passed away without writing or executing a will.
- The estate is high value or contains high-value assets.
- The personal representative receives numerous creditor requests.
- The personal representative misses filing deadlines or fails to comply with other court requirements.
- Family members disagree with the decedent’s inheritance decisions.
Over time, the costs of litigating a succession challenge can rise, draining the estate’s resources and depriving other heirs of their share in an inheritance.
Contact a Louisiana Succession Attorney Today
Every succession has the potential to encounter unexpected complications. An experienced Louisiana succession attorney could help you and your family protect a loved one’s legacy while ensuring that their last wishes are respected by the court.
Scott Law Group - Estate Counsel has spent years helping Louisianans of all backgrounds administer estates. Please call us at 504-264-1057 to schedule your initial consultation, and begin exploring your options for a peaceful succession.