What is a Succession in Louisiana? What does an Administrator Do?

What is a Succession in Louisiana?

In Louisiana, a Succession is the process of settling a deceased person’s estate and distributing the property to the heirs after debts are repaid. This is called the “Probate” process in other states.

A Louisiana Succession involves the filing of several documents with the Court, including the following:

  • Petition for Possession and/or to Appoint Administrator, which begins the Succession proceedings
  • The Will
  • The Death Certificate
  • Affidavit of Death, Domicile, and Heirship
  • An Oath signed by the Administrator, if Administration is necessary, see below
  • Detailed Descriptive List of the Deceased’s Assets and Liabilities, including legal property descriptions
  • Judgment of Possession

The Judgment of Possession will ultimately be signed by the Judge, if all goes according to plan. This document conveys ownership to the heirs and legatees.

Is a Succession Always Necessary in Louisiana?

No, there are ways to avoid a Succession, which can be costly. The filing fees charged by the Clerk of Court alone can be expensive.

Small Successions: A full Succession is not needed for small estates. A “Small Estate” involves limited property holdings, typically just the deceased person’s home, limited cash on hand, and limited estate debts. An attorney only needs to prepare an Affidavit of Small Succession in such a situation.

Trusts: Trusts can also be used to obviate the need for a full-blown Succession. If all of a person’s major assets are given to a Trust prior to their death, the heirs may be able to avoid a Succession.

Check out this Article on Louisiana Estate Planning.

What does an Administrator do in a Louisiana Succession?

Louisiana Successions can be Administered. An Administrator of an Estate is much like an Executor. An Administration of a Louisiana Succession is when the Court appoints an Administrator to put the estate in order, like to sell the home or other property.

Here are some reasons why a Louisiana Succession might require an Administrator:

  • If there are issues with the Last Will & Testament
  • If the heirs cannot be located or determined,
  • If the estate is heavily in debt, or
  • If there are disputes among the heirs or creditors.

Contact Attorney Scott Smith if you need help with your Louisiana Succession

Do you or a family member need to be appointed as an Administrator of an estate? Call Attorney Smith to help with your Louisiana Succession at 225-718-5334.

Scott L. Smith, Jr. – Attorney at Law

  • 2006 False River Drive, New Roads, LA 70760
  • 717 Highlandia Drive, Suite 201, Baton Rouge, LA 70810

Call Scott at 225-718-5334 or email him at scottlsmithlaw@gmail.com

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