How Does a Succession Work in Louisiana?

– Learn the Basics from an Experienced Succession Attorney

When a loved one dies, the heirs handle the process of administering the deceased’s estate. This procedure is called succession in Louisiana. Many other states use the term “probate,” but the idea is the same. Unless you’re familiar with the laws in Louisiana, you may not have a clue what to do when there’s a death in the family. Choosing an experienced succession attorney in Louisiana is the first step to ensuring things are handled appropriately. They will help guide you through the different requirements based on the category of succession of the estate.

2 Categories of Succession You May Encounter
There are two categories your loved one’s estate falls into – administered and unadministered. The difference is based on the complexity of the estate. Here is a simple breakdown to give you a high-level view of the process:

1. Administered: This is the most complex of the two categories of succession. The court appoints the executor as the estate’s representative. They’re tasked with settling outstanding issues and fully administering the estate once all problems are resolved. As soon as problems are taken care of, the executor prepares a Tableau of Distribution and presents it to the court. Once approved, the estate’s assets may be distributed.

   You may be facing an administered succession if the following circumstances exist:

   • Questions about a Will’s validity
   • Unclear list of heirs or ones that cannot be located
   • Confusion as to which heir is entitled to what property
   • An insolvent estate where assets must be sold to cover debts
   • Issues with a forced heir receiving entitled assets
   • Significant disputes
2. Unadministered: You’ll find that an unadministered succession is the most common form. Sometimes it’s referred to as a “Simple Putting in Possession Succession.” It doesn’t require an executor to settle the estate. Under this category are two sub-types of succession:
   • Testate: This option is only used when the estate has a Will, and all the following conditions are met:
     • All heirs named in the Will are competent. If incompetent, they must be represented by a competent party.
     • The succession must be accepted by the heirs unconditionally.
     • No creditors have requested the court to administrate the estate.
   • Intestate: If no Will is governing the estate, then it is considered an intestate succession and must meet the following requirements:
     • There must be very little or no debt. In other words, the value of the assets held by the estate is much larger than the debts they will pay off.
     • All involved parties agree to an unadministered succession.

   
   

   Distribute Assets Suitably with a Succession Attorney in Louisiana

   Have peace of mind in knowing that you’re handling your deceased loved one’s estate correctly when you hire the established succession attorney, David L. White. He has the experience you need to navigate the Louisiana legal system. Contact him and his team today to assess the estate’s needs and know that things will be handled professionally and thoroughly.

   Contact your Louisiana succession attorney to discuss your needs and establish your next steps. Give us a call at 318-747-7023.