In Louisiana,
succession is the transferring of a decedent's estate to his or her successors. T
his process is known as "probate" in other states. Louisiana
does not have a separate probate court, the District Court has jurisdiction
over estate matters. In Jefferson Parish, the court with jurisdiction
is the 24th Judicial District Court.
There are two kinds of successions in Louisiana: testate and intestate.
A testate succession is where the deceased person died with a will, whereas
a testate succession is where the decedent died without a will. With intestate
succession, the state's laws favor certain persons, in default of
testate successors. Testate successors in Louisiana are called
legatees and intestate successors are called
heirs.
In less complicated estates, succession without administration may be available.
If the decedent died with a valid will and all people named in the will
(legatees) are competent or acting with qualified attorneys and when all
general and universal legatees (those who inherit after specific gifts
have been paid), accept the succession unconditionally, and when none
of the creditors demand an administration, the estate may qualify for
a succession without administration. In such cases, the successions attorney
will prepare the pleadings to open the estate which will include various
documents such as a Petition for Possession, all of which will help put
the legatees in possession of the decedent's assets.
In a succession without administration, the court does not appoint an executor
(succession representative). In this case, the succession attorney will
typically ask that all of the legatees sign the verification to demonstrate
to the court that everyone is in agreement.
When an estate does not qualify for succession without administration,
a succession with full administration will be required by the court. This
usually occurs when there is a question regarding the validity of the
will, if the identity of the decedent's heirs is unclear of if they
cannot be located, if assets need to be sold to pay creditors, or if there
are any other disputes arising regarding the succession.
In a succession with full administration, the succession representative
(executor) is appointed by the court to settle the decedent's estate
and resolve all outstanding debts, claims and taxes. The succession representative
is fully responsible for administrating the estate. The steps for a succession
proceeding in New Orleans is as follows:
-
A copy of the
will is presented by the succession representative and authenticated, or by
any other person interested in the will.
- A succession representative is appointed by the court.
- The decedent's possessions are transferred to his or her successors,
whether testate or intestate.
-
Once all debts and claims have been paid against the estate, the succession
representative proposes a distribution to the court by filing a document called a
Tableau of Distribution.
-
If the court agrees with the
Tableau of Distribution, the judge approves it and orders that the assets be distributed accordingly.
Successions in Louisiana are known to be confusing; therefore, you should
always enlist the services of a New Orleans estate planning & successions
attorney from Brown Weimer LLC. We're here to guide succession representatives
through every step of the succession process as cost-effectively and efficiently
as possible.
Contact
Brown Weimer LLC to schedule your free consultation! You can reach us at (504) 662-1798!