The holidays are meant for connection and celebration. When a loved one passes away during this time, families are often left grieving while also facing legal and financial questions they never expected to face so soon. In Louisiana, the legal process that follows a person’s death is known as a succession. Knowing what a succession involves can help families move forward with greater clarity and less added stress during an already difficult season.
What Is a Succession in Louisiana?
A succession is the legal process used to transfer a deceased person’s property to their heirs or beneficiaries. In Louisiana, a succession is generally required whenever someone dies owning property in their name alone. This can include a home, land, vehicles, bank accounts without beneficiaries, or other personal assets. Even if the deceased had a valid Last Will and Testament, a succession is still necessary to formally transfer ownership.
If there is no will, Louisiana’s intestate succession laws determine who inherits. These laws prioritize certain family members, such as a surviving spouse and children, and apply specific rules that are unique to Louisiana.
Do You Have To Act Immediately After a Death?
Many families worry that a death over the holidays means they must act right away. In most Louisiana successions, there is no strict deadline to open the case. Families are generally allowed time to grieve, hold services, and gather documents before starting the legal process.
That said, some situations may require earlier action. If estate assets are needed to pay ongoing bills, manage rental property, or prevent financial issues, opening a succession sooner may be necessary. Court closures and limited availability during the holidays can also cause delays, making advance planning helpful.
Who Handles the Succession?
If the deceased left a will, the court will typically appoint the executor named in that document. When there is no will, the court appoints an administrator, often a surviving spouse or adult child. This individual is responsible for identifying assets, paying debts, and distributing the estate according to Louisiana law.
During the holiday season, these responsibilities can feel especially overwhelming. Having legal guidance can help ensure tasks are correctly handled and reduce stress for the family.
Independent vs. Supervised Successions
Louisiana allows for both independent and supervised successions. An independent succession permits the executor or administrator to act without continuous court approval, which can save time and reduce costs. A supervised succession requires court oversight at each significant step.
Whether an estate qualifies for independent administration depends on the will’s language or the heirs’ agreement. An attorney can help determine which option applies and guide the process accordingly.
Unique Louisiana Laws and Family Considerations
Louisiana succession law includes forced heirship rules that protect certain heirs, such as minor children, regardless of what a will states. These laws can surprise families and sometimes lead to disputes, especially during emotionally charged times like the holidays.
Grief can intensify existing family tensions. Clear communication and proper legal guidance can help prevent misunderstandings, protect relationships, and ensure compliance with the law.
Taking the Next Steps with Confidence
Practical matters often arise soon after a death, including obtaining death certificates, notifying financial institutions, and securing property. These tasks do not need to be completed all at once. A thoughtful, step-by-step approach can make the process feel more manageable.
Losing a loved one during the holidays is deeply painful. While legal obligations may add to that burden, understanding Louisiana’s succession process can bring clarity and peace of mind. At Losavio & DeJean, LLC, we help families navigate successions with compassion and care, allowing them to focus on honoring their loved one and moving forward.
Contact us today to learn more.