Successions/Probate

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In Louisiana, the term “Succession” refers to the process used to determine the ownership of the assets comprising the estate of a deceased individual.  

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Most simply, a succession needs to be done where title needs to be cleared so that an heir or heirs can either enjoy possession or sell the deceased's property. There are exceptions to a requirement of a succession but a succession needs to be performed where real estate is part of a deceased's estate.

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The most common reasons to open a succession is to change title to real estate and to access bank accounts of the deceased.

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A succession can be testate (meaning the deceased had a Last Will and Testament) or intestate (without a Last Will and Testament).

 

Further, if permitted by Last Will and Testament or if all heirs agree a succession can be made less costly if it is an Independent Administration. The Louisiana legislature passed laws to allow a succession representative (i.e. executor) to be appointed as a independent administrator. This allows the the succession representative to pay debts, list property for sale, sell real or personal property of the estate, borrow, exchange, lease, or invest succession property without the requirement of court approval for each step. This is much less costly than having to go to an attorney to approach the court each time something needs to get done for the estate.

 

In order to open a succession in which the decedent had a Last Will and Testament, an attorney is required to file a Petition to Probate Testament. The purpose of the petition is to have a court recognize a valid testament and begin to carry out the decedent's wishes.

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