Successions in Gonzales, Louisiana
Trusted Guidance from Losavio & DeJean, LLC
When a loved one passes away, families in Gonzales often face not only grief but also the complex process of managing their estate. In Louisiana, this process is known as a succession, the legal procedure for transferring a person’s assets to their heirs.
At Losavio & DeJean, LLC, our attorneys bring decades of experience helping families in Gonzales, Prairieville, St. Amant, and throughout Ascension Parish navigate successions with clarity and compassion. We handle every step, from filing paperwork to distributing assets, ensuring that your loved one’s estate is administered properly under Louisiana law.
What Is a Succession?
A succession is the process by which a deceased person’s property is collected, debts are paid, and remaining assets are distributed to heirs. While most states call this process “probate,” Louisiana follows a unique civil law system that uses different terminology and procedures.
If your loved one lived in Gonzales or owned property in Ascension Parish, the succession will typically be filed with the 23rd Judicial District Court located right here in Gonzales.
Our experienced attorneys can guide you through every phase of this process, helping you understand what to expect and how to avoid costly mistakes.
Types of Successions in Louisiana
Louisiana law provides several different forms of successions depending on whether a person left a will, the size of their estate, and other circumstances.
1. Small Succession
If the estate is relatively modest, it may qualify for a Small Succession Affidavit, a simplified process that avoids a full court proceeding. This option is available if:
The estate’s total value is less than $125,000, or
The deceased has been gone for more than 20 years, or
The only property being transferred is community property to a surviving spouse.
Our attorneys can help determine if your situation qualifies for this simplified route, saving you time, money, and stress.
2. Testate and Intestate Successions
A testate succession occurs when the deceased left a valid will. The will names an executor, who oversees the estate’s administration according to the person’s wishes.
An intestate succession occurs when someone dies without a will. In those cases, Louisiana’s Civil Code determines who inherits the property. Distribution depends on the classification of the property, community or separate, and may involve both the surviving spouse and descendants.
Our Gonzales succession attorneys ensure that the estate is distributed correctly under Louisiana law, whether or not a will exists.
3. Independent vs. Court-Supervised Administration
Depending on the circumstances, successions in Louisiana can be handled in one of two ways:
Independent Administration
The executor or administrator has authority to manage the estate without constant court oversight. This method is often faster and more cost-effective.
Court-Supervised Administration
The court oversees the process, which may be necessary for complex estates or when disputes arise among heirs.
We advise clients on the best approach based on their family’s situation, handling all court filings and communications in Ascension Parish to ensure compliance and efficiency.
The Louisiana Succession Process
Understanding the steps involved can help ease uncertainty during an already difficult time. Here’s how the process typically works:
Step 1: Consultation and Case Review
We begin by reviewing your loved one’s situation, identifying heirs, locating a will, and assessing the property and debts involved.
Step 2: Filing the Petition
Our attorneys prepare and file the petition to open the succession in Ascension Parish Court, requesting appointment of an executor or administrator to oversee the estate.
Step 3: Inventory and Accounting
A detailed inventory of all assets, including real estate, bank accounts, vehicles, and personal property, is prepared to establish the value of the estate.
Step 4: Paying Debts and Taxes
Outstanding debts, funeral expenses, and taxes are settled before any assets are distributed to heirs. Our attorneys ensure this process is handled properly to prevent future complications.
Step 5: Distributing Assets
Once debts are cleared, the executor transfers the remaining property to the heirs in accordance with the will or Louisiana law.
Step 6: Closing the Succession
After assets are distributed, we prepare and file the necessary closing documents, completing the process and releasing the executor from further responsibility.
Why Choose Losavio & DeJean for Your Gonzales Succession
Louisiana’s legal system includes several distinctive features that set it apart from other states. Understanding these is essential to handling a succession correctly.
Forced Heirship
Under Louisiana law, certain heirs, such as children under 24 or those with disabilities, cannot be fully disinherited. They are entitled to a share of the estate known as the legitime.
Community Property
Married couples in Louisiana share ownership of property acquired during marriage. Upon death, half of that property belongs to the surviving spouse, while the other half passes through succession to the heirs.
Usufruct and Naked Ownership
In many cases, the surviving spouse retains usufruct, or lifetime use of the property, while naked ownership passes to the children. This arrangement protects both the spouse and descendants.
Our attorneys understand these nuanced laws and help ensure that all property is transferred properly under Louisiana’s civil code.
Common Challenges in Successions
Without legal guidance, families often encounter problems that can delay or even derail a succession.
Missing or Invalid Wills
If a will isn’t properly executed or witnessed under Louisiana law, it may be declared invalid. Our attorneys can help determine the validity of a will and guide you through alternatives if one isn’t available.
Heir Disputes
Disagreements between heirs are common, especially in blended families or when large estates are involved. We work to mediate disputes and protect our clients’ rights while keeping the process moving forward.
Complex Property Ownership
Louisiana’s community property rules and joint ownership structures can create confusion about who owns what. We help resolve these issues efficiently and in compliance with state law.
Out-of-State Assets
If the deceased owned property in another state, coordination between jurisdictions may be required. Our team helps families handle these cross-state complications.
Why Choose Losavio & DeJean for Your Gonzales Succession
Families throughout Ascension Parish trust Losavio & DeJean because of our deep experience and personal approach to estate and succession law.
Local Experience That Matters
Our firm has helped Louisiana families for over 40 years. We know how to navigate the courts in Gonzales and across the state, ensuring that every step is handled correctly and efficiently.
Personalized Guidance
We take the time to understand your family’s goals, explain each step in clear terms, and tailor our services to your needs.
Elder Law and Veterans’ Expertise
Because our firm also focuses on elder law and veterans’ benefits, we can coordinate succession planning with Medicaid eligibility, VA benefits, and long-term care strategies.
Compassionate Representation
We understand that losing a loved one is never easy. Our attorneys provide steady, respectful support while protecting your family’s financial and legal interests.
Meet Our Attorneys
Peter J. Losavio, Jr.
Certified Elder Law Attorney (CELA)
Peter Losavio has devoted his career to helping Louisiana families manage complex estate and succession issues. As the only Certified Elder Law Attorney in Louisiana, he brings an unparalleled level of knowledge and care to every case.
Kent S. DeJean
Accredited Veterans Affairs Attorney
Kent DeJean assists families throughout Ascension Parish with successions, wills, veterans’ benefits, and elder law. His practical, hands-on approach helps families resolve issues efficiently while maintaining peace of mind.
Serving Gonzales and Surrounding Communities
Our firm proudly serves clients across Gonzales, Prairieville, Sorrento, Donaldsonville, and all of Ascension Parish. Whether your loved one left a large estate or a modest one, we provide the same level of professionalism and care.
We also assist families who:
Need to transfer property after a death
Are unsure whether they must file a succession
Are facing disputes among heirs or beneficiaries
Need help interpreting a Louisiana will
Want to avoid future succession complications through estate planning
Frequently Asked Questions About Successions in Louisiana
Planning Ahead Can Simplify the Process
While successions take place after a death, many families in Gonzales choose to plan ahead through estate planning. By preparing a will, trust, or power of attorney now, you can help your loved ones avoid costly and time-consuming legal processes later.
Our attorneys can help you develop a comprehensive plan that ensures your wishes are honored and your assets are distributed smoothly.
Client Testimonials
“I highly recommend Losavio & DeJean for estate planning! They helped my grandfather, Eli, and my daddy, Robert, obtain government benefits and prevented them from losing their home and savings.”
“Absolutely the most professional and personable staff I’ve ever had handle my legal issues. The entire staff returned phone calls and updated me with information both legal and personal documents. Thanks for making a difficult and sensitive situation with compassion and transparency.”
Contact Our Gonzales Succession Attorneys
Losing a loved one is difficult enough without the added stress of navigating Louisiana’s legal system. At Losavio & DeJean, LLC, we provide the experienced, compassionate legal support you need to handle successions in Gonzales and throughout Ascension Parish.
We’ll guide you through the process step by step, ensuring everything is handled efficiently and correctly under Louisiana law.
Serving Gonzales, Prairieville, St. Amant, and all of Ascension Parish.
📞 Call today or complete our online form to schedule a consultation with an experienced Gonzales succession attorney.
Let our team help you protect your loved one’s legacy, with clarity, confidence, and compassion.