We have opened a probate for my dad in Mississippi that is pending. There is, however, real estate that he owned in Louisiana at the time of his death. The lawyer handling the probate said the property in Louisiana can’t be handled in the Mississippi probate and we need to get a lawyer in Louisiana to handle it. What do we need to do?
About Ancillary Succession
A succession in Louisiana will be needed in order to transfer the Louisiana real estate from your dad to his heirs. The procedure is known as an ancillary succession proceeding.
Louisiana law provides that when a non-resident dies and owned property in Louisiana, that a succession can be opened here in Louisiana to transfer ownership of the property. In order for the succession representative in the Mississippi succession proceeding to act with respect to the property, however, it will be necessary for him or her to qualify to do so in the Louisiana court where the ancillary succession will be filed.
If your father had a Last Will and Testament that has already been probated in the Mississippi succession, Louisiana law permits you to present a copy of the probated will and the Louisiana court will allow the will to have the same force and effect as the original probate of a domestic will.
How We Can Help
Ancillary succession proceedings are usually pretty simple to conduct and can be opened and completed sometimes within as little as a few days if necessary. Contact our office to get started today.
More FAQs in this topic
- Accessing a Deceased Parent’s Safe Deposit Box
- Avoiding Delays in a Louisiana Succession
- Capacity to Inherit in Louisiana
- Extrajudicial Successions
- Forcing the Sale of an Inherited Property
- Finding the Right Succession Litigation Attorney
- How Refusing an Inheritance Could Cost Your Family
- How to Sell Property After a Loved One Passes Away