skyscraper

Baton Rouge Succession & Probate Attorneys

Helping Clients Transfer Wealth & Assets

Senior couple is writing last will

When a person dies, their estate undergoes a court-supervised process known as probate. In Louisiana, this is called “succession”. During this time, the court oversees the transfer of the deceased’s assets and property to his or her heirs. This process is not automatic but rather a formal procedure governed by strict civil law in Louisiana. Without clear instructions, even simple estates can get bogged down in bureaucratic red tape. If the individual did not have durable power of attorney, a valid will, or trusts, or other estate planning documents, courts will determine how to divide the estate among beneficiaries according to Louisiana’s laws on intestate succession, which may not reflect the decedent’s true wishes.

Our dedicated lawyers at Losavio & DeJean, LLC, the Louisiana Elder Law Firm, provide comprehensive legal services to help clients with all aspects of succession planning and administration. We guide families through two distinct but equally important phases: proactive planning to minimize complexities in succession and expert administration of an estate when a loved one passes away. We are familiar with the many challenges that can arise during these processes, including locating heirs, valuing unique assets, managing creditor claims, and resolving family disputes. We can help you navigate these challenges efficiently and compassionately.

Are There Different Types of Succession Proceedings?

The types of succession proceedings your estate must go through depends on the following factors:

  • The value of the estate
  • Whether the succession is contested
  • The complexity of the estate
  • Individual issues and roadblocks
  • Whether there is a will

Louisiana law provides several options for succession planning, each with its own set of requirements, deadlines, and levels of court involvement. The first step in this process is to choose the right path, which is essential for ensuring a smooth transfer of assets. While the state offers a default set of rules (intestate succession) for determining who will inherit property, this approach is impersonal and fails to consider individual relationships and wishes. If any family members decide to challenge the court’s decision or the designated representative, the process can become time-consuming, stressful, and financially draining for all parties involved.

Furthermore, without a carefully thought-out plan, your estate will be vulnerable after you die and might be subjected to:

  • Claims made by creditors
  • Unhappy family members contesting decisions
  • Lawsuits
  • Succession disputes

If there are disputes regarding your estate, they will be resolved through succession litigation. A court’s decisions may or may not reflect how you would want these issues to be handled. That is why it is important to take action early and retain the services of our Baton Rouge succession lawyers. We can help you plan for the future and avoid the problems associated with this process.

  • Great experience with the entire staff. They really treat you like family and make sure all your needs have been met.

    John


Discover Our Video Center!

Small Succession Affidavits

This is a simplified out-of-court process that can be used under certain circumstances. If a person dies without leaving a will and their estate is worth less than $125,000, their heirs can complete the succession by filing a small succession affidavit. This affidavit, which is signed by all the heirs, must be submitted to the clerk of court in the county where the deceased lived.

The affidavit acts as a legal document to transfer ownership of assets such as real estate and vehicles without going through a formal court process. The small succession affadavit process is generally low-cost and quick if the assets and debts can be easily determined, but there is no protection if there are disputes later as there is no judicial oversight to help settle claims.

Direct Acquisition of Assets

If the person who has died leaves a valid will, or if the net worth of their estate exceeds $125,000, their heirs or beneficiaries may be able to obtain assets through a more formal court process. This involves filing a petition with the court for possession of the assets.

This process is often used when there are no disputes about assets or debts, and there are no urgent preservation issues or business concerns that require active management. While this process may be more expensive than a simple succession affidavit, it is usually less expensive and quicker than a full administration process, providing a court judgment that offers greater certainty and protection for heirs when transferring titled assets.

Appointing an Executor or Administrator

This is a comprehensive and supervised process that is necessary when there are disputed matters, when assets and debts are difficult to determine, or there are other complexities. In such cases, the court may appoint an executor (if named in the will) or an administrator to manage the estate. The appointed fiduciary has a legal obligation to preserve assets, pay legitimate debts, manage property, run a business, inventory all assets and liabilities, litigate claims, and sell assets as necessary to settle obligations.

Generally, this process is the most expensive because of the extensive legal work and court supervision. However, costs and court involvement can be reduced if a person names an independent executor in their will or if all heirs agree on an independent administrator with broad powers, without needing court approval for each decision.

  • Amazing and caring attorneys. Always willing to go the extra mile for your family.

    Milton

The Hidden Complexities of Succession in Louisiana

Beyond choosing the right process, families often encounter unexpected challenges. These include finding and valuing complex assets, such as family-owned businesses, intellectual property and digital assets like cryptocurrencies and social media accounts. Another common complication is dealing with property located in other states, which triggers “ancillary probate proceedings” in another jurisdiction leading to additional time and expense.

Louisiana’s unique community property laws also mean that only half of certain assets may be included in a deceased person’s estate while the other half belongs directly to their surviving spouse. Incorrect navigation of these complexities can lead to serious legal and financial consequences.

Learn More About Estate Planning

Seasoned Legal Representation in Your Corner

At Losavio & DeJean, LLC, The Louisiana Elder Law Firm, we understand that every client has their own unique facts concerning assets, debts, problems, and contested matters. That is why we are committed to creating custom legal strategies that are tailored to the needs of your estate. You have spent a lifetime building your estate and growing your wealth, so now is the time to begin estate planning and protecting your assets and property from a challenging succession process.

Our Baton Rouge probate lawyers have four decades of experience with the complexities of successions, so you can feel confident knowing that we’ve chosen the right succession procedure is right for you and your loved ones. We strive to ensure that every detail of your case is addressed, handled, and resolved appropriately.

Common Succession & Probate FAQs

What is “succession” in Louisiana, and is it the same as probate?

Yes, in Louisiana, the legal process for administering a deceased person’s estate is called a “succession,” which is equivalent to what most other states call “probate.” It is the court-supervised procedure for identifying the deceased’s assets, paying valid debts and taxes, and legally transferring the remaining property to the rightful heirs or beneficiaries.

When is a small succession affidavit used?

A small succession affidavit is a simplified, out-of-court procedure available when the deceased person did not leave a will and the total net value of their estate is $125,000 or less. This is typically a faster and more cost-effective option if the assets and debts are straightforward and easily determined, allowing heirs to transfer property without a full court administration.

What happens if someone dies without a will in Louisiana?

This is known as dying “intestate.” Louisiana’s intestacy laws provide a strict, formulaic order of succession, determining which relatives (spouse, children, parents, etc.) inherit the estate and in what proportions. The court oversees this distribution, which may not reflect the deceased’s personal wishes and can lead to delays and family disputes.

What is the difference between an executor and an administrator?

An executor (or executrix) is the person specifically named in a will to carry out its terms. An administrator is a person appointed by the court to manage the estate when there is no will or when the named executor cannot serve. Both are responsible for managing the estate through the succession process, but an independent executor named in a will often has more flexibility.

How can I avoid a contested succession or family dispute?

The most effective way is through proactive, clear estate planning. A well-drafted will, trust, or other planning tools legally express your wishes and provide instructions that are difficult to challenge. Our attorneys help draft precise documents and can advise on strategies to minimize the grounds for contests, such as ensuring proper execution and clarity, which helps prevent costly and stressful family litigation.

What are the main factors that make a succession more complex and costly?

Complexity and cost increase with: high-value or complex assets (like businesses or out-of-state property), the absence of a will, disputes among heirs (contested succession), difficult-to-locate assets or creditors, and the need for an active administrator to manage assets, pay debts, or litigate claims. An “independent” executor or administrator can help control some costs.

Related Articles