Introduction to Successions

• What is a Succession? 
  • 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. 

• Successions deal with: 

  • Transferring the property owned by a person at the moment of death 

  • Deciding if a will is involved or is valid 

  • Taking care of the financial responsibilities of the person who died. 

• Successions are either testate or they are intestate. 

  • A will is a part of a testate succession. 

  • There is no will in an intestate succession.

• Find your court in your parish or where the decedent died 

• File where the person died, notice that the person died and the property transferred

Successions are either testate or they are intestate. 

• A will is a part of a testate succession. 
• There is no will in an intestate succession.

Find out if there is a will. 

• If there is a will, find out who is entitled to inherit. Determine who can be the administrator to the will and who can inherit among any heirs or surviving spouse. 
• If there is no will or the will is invalid; Louisiana law determines the rules to heirship and how the property is classified and divided. 

Determine the type of succession you need to file to divide the estate and transfer property by legal process.

Property Valued $125,000 or More type succession

A larger general property succession, valued at an estate value of $125,000 or more at the time of the decedent’s death. This type of succession needs to get filed as a regular succession in civil court.

Under current law, there are different types of property that can get included as part of the succession process. Louisiana law allows the transfer of property by succession if: 

• The estate qualifies as a succession; small affidavit or general property

• The decedent died without a will while domiciled in Louisiana. The decedent's property can also get included if the person died with a will probated in another state but with property in Louisiana. 

• Does not have to be the primary property residence to be included in the succession.

• Does not have to be residential property to be included to be included in the succession. 

Classify the property and determine the interest in the property that qualifies as part of the succession.

• Art. 870. Modes of acquiring ownership
• Art. 871. Meaning of succession 
• Art. 872. Meaning of estate
• Art. 934. Commencement of succession Succession occurs at the death of a person
• Art. 2811. Court in which succession opened
• Art. 873. Kinds of succession
• Art. 874. Testate succession 
• Art. 875. Intestate succession
• Art. 876. Kinds of successors
• Art. 876. Kinds of successors
• Art. 880. Intestate succession
• Art. 881. Representation: effect
• Art. 882.  Representation in direct line of descendants
• Art. 883. Representation of ascendants not permissible
• Art. 884. Representation in collateral line
• Art. 885. Basis of partition in cases of representation
• Art. 886. Representation of deceased persons only
• Art. 935. Acquisition of ownership; seizin
• Art. 936. Continuation of the possession of decedent
• Art. 937. Transmission of rights of successor
• Art. 938. Exercise of succession rights 
• Art. 3421. Small successions defined