When a loved one passes away, one of the first legal questions that often arises is whether their estate must go through succession, Louisiana’s version of probate. However, the answer depends on a variety of factors, including the value of the estate, the types of assets involved, and how those assets were titled. While many estates in Louisiana go through some form of succession, not all are required to, especially when proactive estate planning has been done.
What Is Succession in Louisiana?
Succession is the legal procedure for transferring a deceased individual’s assets to their heirs or legatees (those specified in a Last Will and Testament). This process includes validating the Will, identifying assets and liabilities, settling any outstanding debts, and distributing the property. In Louisiana, succession can be processed through a court-supervised method or, in some situations, through a more straightforward approach called “small succession.”
There are two types of succession in Louisiana: testate (when the person had a valid Will) and intestate (when there was no Will). Either way, the process ensures that property is legally and properly passed on.
When Is Succession Required?
Typically, if the deceased possessed property solely under their name, such as real estate, vehicles, or bank accounts, succession is usually required to facilitate the transfer of ownership. Common instances that necessitate succession include:
- The decedent owned immovable property (such as land or a home).
- The estate consists of high-value assets without designated beneficiaries.
- The estate needs to pay outstanding debts before distribution.
- There is no valid Will, or there are disputes among heirs.
When Can Succession Be Avoided?
Not all estates in Louisiana require formal succession. In some cases, property can pass to heirs without court involvement. Here are examples of when succession may not be necessary:
Small Succession Affidavit
If the estate’s gross value is $125,000 or less and the decedent was domiciled in Louisiana (or if the decedent passed away more than 20 years ago), the heirs may be able to use a small succession affidavit instead of going through a full court proceeding. This process is faster, more affordable, and can help avoid the complexities of formal succession.
Non-Probate Assets
Certain assets pass outside of succession because they have designated beneficiaries. These may include:
- Life insurance policies
- Payable-on-death (POD) bank accounts
- Transfer-on-death (TOD) securities
- Retirement accounts (like IRAs or 401(k)s)
- Jointly owned property with right of survivorship
These assets pass directly to the named beneficiary and do not require court involvement.
Trusts
If the decedent created a living trust and properly transferred assets into the trust during their lifetime, those assets do not go through succession. Instead, the trustee manages the property and distributes it according to the trust’s terms.
Why Legal Guidance Matters
Succession laws in Louisiana are complex and rooted in a unique system of civil law that differs significantly from common law used in other states. Determining whether an estate must go through succession—and what kind—is not always straightforward. Mistakes can delay the process, create unnecessary costs, or even cause disputes among heirs.
That’s why working with an experienced estate and succession attorney can make all the difference. At Losavio & DeJean, LLC, we help clients assess their specific situation, identify the most efficient path forward, and ensure that the legal and financial aspects of succession are properly handled.
Contact Losavio & DeJean, LLC Today To Learn More
If you’ve recently lost a loved one and are unsure whether succession is necessary, or if you want to plan your own estate to help your family avoid succession down the road, our legal team is here to help.
Contact Losavio & DeJean, LLC to schedule a consultation and get the trusted legal guidance you need during this important time.