Successions

A succession is the division of property in an estate beginning at the moment of death of a person. Other states call a succession, probate.

A succession should be opened as soon as practicable after the the person’s death. Sometimes, it is necessary to immediately open a succession to use the decedent's bank accounts or assets to pay funeral or medical bills.

You need to find the correct local parish court where the person who died lived or passed away. There, file the needed papers to record their death and the change of ownership of their property.

When a person dies, their belongings and assets (like their home, money, etc.) have to be passed on to others, and this process is known as "succession". In Louisiana, specific rules decide how this should happen. Let's break down the situations where property can be included in the succession process:

• The individual had a will: This is a document where the person has stated clearly who should get what from their assets. This will should meet certain criteria defined by the Louisiana laws to be accepted.

• The individual died without a will but lived in Louisiana: Even if a person didn't prepare a will before they died, their belongings still need to be passed on to their family or other people. In Louisiana, there are standard rules that define how to do this if the person lived there.

• The individual had a will validated in another state: Sometimes, a person might have prepared their will in a different state, but owned property in Louisiana. In this case, the will can still be used in the succession process in Louisiana, as long as it was a valid will according to the laws of the state where it was created.

When someone dies, their assets will be distributed through a process called succession, which can be testate (with a valid will) or intestate (without a valid will). The presence or absence of a will determines how the assets are handled, who can inherit them, and under what rules the process will be administered, with specific guidelines set by Louisiana law in the case of intestate successions.

Find Out If There Is A Will: The first step in the succession process is to find out if there is a will. It is crucial to establish whether a will exists to know how to proceed with the succession process - whether it will be a testate or intestate succession. This dictates who can inherit and who can administrate the estate, setting the path for the following legal procedures.

1. Testate Succession: This is when a person dies and they have a valid will. In testate successions, there is a legally recognized will that outlines how the deceased person's assets should be distributed. It specifies who the heirs are and what they are entitled to inherit. It also might designate an administrator who is responsible for ensuring the wishes in the will are carried out. 

2. Intestate Succession: This occurs when a person dies without a will or with an invalid will. In this scenario, since there is no valid will to guide the distribution of assets, Louisiana law dictates how the estate should be divided among surviving heirs. This process includes determining who the heirs are and classifying and dividing the property according to Louisiana law.

In a Louisiana succession, the distribution of assets depends on whether the succession is testate or intestate. 

 In a testate succession, the decedent's property is distributed according to the terms of their valid will. The will may specify which assets go to which beneficiaries, or it may provide for a general distribution of the estate. The executor named in the will is responsible for carrying out the decedent's wishes and distributing the assets accordingly.

In an intestate succession, the decedent's property is distributed according to the rules of intestate succession set forth in the Louisiana Civil Code. The rules provide for a default scheme of distribution based on the relationship of the surviving heirs to the decedent. Generally, the decedent's surviving spouse and children are entitled to a share of the estate, with the exact distribution depending on the number of surviving heirs and other factors. If the decedent has no surviving spouse or children, the estate may pass to other relatives or, in some cases, to the state. 

It is important to note that Louisiana law recognizes the concept of community property, which can affect the distribution of assets in a succession. Community property is property acquired during the marriage that is owned jointly by both spouses. In a succession, community property is generally divided equally between the surviving spouse and the decedent's heirs

In Louisiana, there are rules about giving away property after someone dies. This process is called "succession." Here's how it can work:

• If a person meets certain conditions outlined in the Louisiana laws.

• If the person died without a will but was living in Louisiana at the time of their death.

Also, if the person had a will that was legally approved in a different state, they could still include their Louisiana property in the succession.

In Louisiana, not just your main home, but also other kinds of properties like commercial property or empty land can be passed on to others when you die. This is part of what's called the "succession process."

To make sure everything goes smoothly, it's very important to clearly note what kind of property each one is before starting the succession process.

There are two types of succession processes based on the value of the estate at the time of the decedent's death.

1. Property Valued $125,000 or More

   • This kind of succession is termed a larger general property succession.

   • It needs to be filed as a regular succession in a civil court.

2. Property Valued Less than $125,000

   • This type of succession can be handled through the affidavit process.

   • The transfer of property can be completed by recording an affidavit in the public records in court.

Each process is guided by the value of the estate at the moment the individual passes away.

To initiate a Louisiana succession, several documents are typically required. These may include:

1. Death certificate: A certified copy of the decedent's death certificate is required to initiate a succession.
2. Will: If the decedent left a valid will, a copy of the will must be filed with the court.
3. Petition for possession: This is a legal document that initiates the succession process and requests that the court appoint an executor or administrator to manage the estate.
4. Inventory: An inventory of the decedent's assets and liabilities must be prepared and filed with the court.
5. Affidavit of heirship: This document identifies the decedent's heirs and their relationship to the decedent.
6. Notice to creditors: A notice must be published in a local newspaper to notify creditors of the decedent's death and the initiation of the succession process.
7. Judgment of possession: This is a court order that authorizes the distribution of the decedent's property to the heirs or legatees. The specific documents required may vary depending on the circumstances of the case, and it is important to consult with an attorney who is knowledgeable about Louisiana succession law to ensure that the process is handled properly.