When someone you love passes away, legal paperwork is the last thing you want to think about. But at some point, the question comes up: What happens to their home, their bank account, their belongings? In Louisiana, this process is known as succession.
It can feel overwhelming, especially when you’re still grieving. You may be wondering how long it takes, what steps are involved, and whether you need legal help. The good news is, you’re not alone, and with the right guidance, succession doesn’t have to be a burden.
What Is Succession?
Succession is the legal process of settling an individual’s estate after their death. It includes identifying assets, settling debts, and allocating the remaining assets to beneficiaries or heirs. In Louisiana, this can happen with a Last Will and Testament (testate succession) or without one (intestate succession).
The goal is to transfer ownership legally and properly, especially for major assets like homes, land, or investment accounts.
Average Timeframe for Succession in Louisiana
There’s no one-size-fits-all timeline. However, here’s a general idea of how long things can take:
- Simple successions: 2 to 4 months
- Moderate estates with property or debt: 4 to 9 months
- Contested or complex cases: 9 months to over a year
Some successions proceed quickly, particularly when the estate is small, there’s a valid will, all heirs agree, and no disputes arise. Others take more time, particularly if there’s real estate to transfer, creditor claims to handle, or family disagreements to resolve.
Key Factors That Affect Timing
Whether There’s a Will
If the deceased left a clear, properly executed will, it helps expedite the process. Without one, the court must follow Louisiana’s intestate laws, which can be more complicated to sort out, especially in cases involving extended or blended families.
Type of Succession Filed
Louisiana offers two main types:
- Small succession affidavit: Used for estates valued at $125,000 or less, excluding certain property. It’s fast, simple, and avoids court.
- Judicial succession: Requires court filings, legal notices, and often attorney involvement. This is more common when property is involved.
Property and Debt
Selling a home, transferring title, or dealing with creditors can slow down the process. The estate must pay debts before distributing assets, and that process alone can add weeks or months.
Disagreements Among Heirs
If everyone’s on the same page, things move faster. But if someone contests the will or disagrees with how property is divided, expect delays. The court may need to hold hearings or appoint an administrator, which adds time.
Can You Speed It Up?
In some cases, yes. Here are a few ways a succession can move more quickly:
- Gather documents early, such as wills, deeds, account statements, and information on debts.
- Maintain open communication among heirs, executors, and attorneys.
- Hire an experienced succession attorney. Guidance helps avoid missteps and ensures timely filings.
Why Legal Help Matters
Succession is more than paperwork. It involves legal deadlines, financial decisions, and sometimes delicate family dynamics. A mistake can delay everything or result in assets going to the wrong person.
An attorney can help determine which type of succession applies, draft and file the right documents, represent your interests if a dispute arises, and ensure a smooth transfer of property.
Contact Our Legal Team Today
At Losavio and DeJean, LLC, we know how overwhelming this process can feel. You’re not just managing legal paperwork. You’re carrying out a loved one’s final wishes. That deserves care, clarity, and compassion.
Contact us today to schedule a consultation and discover how we can move things forward, allowing you and your family to focus on what matters most.