Louisiana Successions & Probate
If you have a loved one who unfortunately passed away in Louisiana, we can help you through this difficult time. With our Louisiana Succession and Probate practice, we can help you from start to finish.
Types of Succession
There are two types of Successions: Testate and Intestate. A Testate Succession occurs when the deceased had a valid Last Will and Testament. An Intestate Succession occurs when the deceased died without a valid Last Will and Testament.
Opening a Succession
A Succession can be opened any time after a death. A Testate Succession is typically opened by the named Executor in the Will, while an Intestate Succession is typically opened by the decedent’s surviving spouse, child(ren), or both. The person or people who open a Succession will either be named the Administrator or Executor, depending on whether it's Testate or Intestate. We recommend opening a Succession earlier rather than later because the first person who files to be appointed Administrator will likely be appointed as Administrator.
Administrator of a Succession
An Administrator of a Succession is essentially a manager of all of the deceased’s assets who owes a fiduciary duty to the beneficiaries. Even if there is a named Executor in a Will, we may be able to get you appointed as Administrator. An Administrator is typically the surviving spouse, an heir or legatee, or a creditor of the deceased.
An Administrator has multiple responsibilities, including:
- Filing a Detailed Descriptive List of all of the assets the deceased owned at the time of their death along with its values,
- Paying the debts of the deceased and their estate,
- Filing an accounting of the estate, and
- Transferring ownership of the assets to the appropriate beneficiaries.
Open a Succession Without an Administration
However, a Succession can be opened without an Administration when the Succession is relatively free of debts. This is done with a Petition by of all of the heirs, and all of the heirs must be competent and accept the Succession. In addition to the Petition, an Affidavit and a Detailed Descriptive List must be filed before ownership of the assets can be transferred to the appropriate beneficiaries.
For more information on Louisiana Successions & Probate, schedule a free consultation by calling our firm at 504-309-3304 or contact us online.