Some Louisiana estates can be managed without a succession administrator or executor being appointed to carry out the succession. These situations are known as succession without administration or “Simple Putting in Possession.”
Succession Without Administration—With a Will
If your loved died with a valid will, succession without administration may occur if everyone named in the will is competent or has legal representation, if everyone named in the will accepts the succession without conditions, and if no creditors request an administration.
Even though everyone named in the will agrees on a succession without administration, you may still benefit from contacting a succession attorney. An attorney can prepare the required pleadings to open the estate with the necessary signatures, attend the succession hearing, and obtain a Judgment of Possession to transfer ownership of the decedent’s property.
While the court will not appoint a succession administrator, your loved one likely named a succession administrator in his will. If the decedent named a succession administrator, the court will require that person to join in the Petition for Probate of Testament.
Succession Without Administration—Without a Will
A succession without administration is also possible if a person dies without a will. In Louisiana, an intestate succession without administration may occur if:
- The succession is “relatively free of debt.” A succession is considered relatively free of debt if the only debts include the administration of the estate, mortgages that are current, and other debts that are small in comparison to the succession’s assets.
- The required people sign the petition to the court. This includes all heirs who are mentally competent or legal representatives of incompetent heirs or the surviving spouse in community if all of the heirs are incompetent and no legal representative is appointed for them.
Succession without administration is just one type of succession in Louisiana. To find out what type of succession is right for you, please contact us today. Our New Orleans succession lawyers can advise you of your options and guide you through the process that makes the most sense for your situation.