When a loved one passes away in Louisiana, their property and assets must go through a legal process called succession. This process ensures that debts are paid and the remaining estate is distributed to heirs or beneficiaries. While some successions move smoothly, others can take months, or even years, to resolve. Understanding the typical timeline and the most common causes of delay can help families plan ahead and avoid unnecessary stress during an already difficult time.
How Long Does a Louisiana Succession Usually Take?
The timeline for completing a succession varies widely depending on the size and complexity of the estate, whether there is a valid Last Will and Testament, and whether any disputes arise. For a simple, uncontested succession with few assets and clear heirs, it may take only a few weeks to a couple of months. These are often called “small successions” and can sometimes be handled through an affidavit without going to court.
For larger or more complicated estates that require court supervision, the process can take six months or longer. If the estate involves real property, multiple heirs, business interests, or contested claims, it can easily stretch out for a year or more.
What Factors Can Delay a Louisiana Succession?
There are several reasons why a succession might move more slowly than expected. Some of the most common include:
Missing or Unclear Will
If the deceased left a will, the process typically begins with filing it in court and having it “proved” as valid. But if the will is missing, unclear, or contested, everything comes to a halt until the matter is resolved.
In some cases, the court must hear testimony or review handwriting samples to confirm authenticity. When there is no will at all, the estate must proceed under Louisiana’s intestacy laws, which can add time as the court determines who the rightful heirs are.
Disputes Among Heirs or Beneficiaries
One of the biggest causes of delay is disagreement between heirs. Conflicts may arise over how assets are valued or divided, who should serve as the succession representative, or whether certain property should be sold. If family members cannot reach an agreement, the court must intervene, which can significantly extend the process.
Complex or Hard-to-Value Assets
Estates that include businesses, investment portfolios, or real estate in multiple parishes require more detailed accounting and appraisals. Locating records, obtaining valuations, and addressing liens or title issues can take months. The more complex the financial picture, the longer it usually takes to finalize the succession.
Unpaid Debts and Tax Issues
Before any property can be distributed, the succession representative must identify and pay all legitimate debts owed by the estate. That includes outstanding loans, medical bills, and taxes. If there are disputes over creditors’ claims or if the estate owes state or federal taxes, the process must pause until those issues are cleared.
Court Backlogs or Procedural Errors
Even when the paperwork is straightforward, administrative delays can occur. Court backlogs, missing documents, or filing errors can stall the process. Having an attorney who is familiar with Louisiana’s succession rules helps ensure all filings are accurate and complete, minimizing procedural setbacks.
How To Help Your Succession Move Faster
The best way to avoid unnecessary delays is to prepare and pay attention to detail. Keeping estate planning documents organized, maintaining updated property titles, and ensuring your will meets all legal requirements can help heirs settle an estate more efficiently.
Another important step is to communicate your wishes clearly while you’re still living. Family disagreements often stem from uncertainty about what the deceased intended. Discussing your estate plan and sharing copies of important documents with your heirs can reduce confusion later on.
Contact Us Today
If you’re beginning the succession process in Louisiana, knowing what to expect and what can cause delays makes it easier to plan. With careful organization and proper legal guidance, families can move through this complex process more smoothly and bring closure to a loved one’s estate.
Contact Losavio & DeJean, LLC today to discuss your situation and get experienced guidance through the Louisiana succession process.