Probate and Succession Checklist – What You Will Need:

It can be emotionally difficult to deal with the probate process after a loved one passes.  You will find yourself organizing all your loved one’s belongings, reading numerous forms, signing documents, and perhaps taking care of new pets.  In Louisiana, understanding the key steps involved in estate administration and distribution is crucial after losing a loved one.

What is Probate?

Louisiana probate, also known as succession, is the formal, court-supervised process of administering and settling a decedent’s estate.  La. Civ. Code art. 871.  This may include carrying out one’s final wishes by executing their last will and testament (if any), reconciling any outstanding debts or taxes, and distributing the remaining assets to the heirs or legatees.  Probate can seem complicated, but it is just the legal distribution of everything someone owns a to the right people.  Not all estates need court involvement, or much involvement.

There are several key steps in the probate process: 1. Choosing the right type of procedure for the succession; 2. Gathering the necessary documents and information about the estate; 3. Preparation of the legal documents; 4. Filing the pleadings and exhibits with the court; 5. Administering the estate (if necessary); 6. Closing the estate; and 7. Distributing the assets.  The following details what should be gathered in step 2.

The Probate and Succession Checklist:

As you might expect, you will need a lot of information to begin and complete the probate process in Louisiana.  The following checklist is a useful starting point if you are wondering where to begin with your loved one’s succession.  It is broken down by information needed about the decedent, his or her will, the heirs or legatees, and the property of the estate.

The Decedent:

• Full legal name;
• Social security number;
• Birthday;
• Domicile and address at time of death;
• Death certificate;
• Date and place of death
• Business or occupation (if retired, former business or occupation);
• Business name and address and employer identification number;
• Marital status at time of death;
• Date of marriage to surviving spouse, and marriage certificate;
• Determination of whether the decent had a pre-nup;
• Marital history, and any divorce judgments;
• A list of all children of the decedent.

The Last Will and Testament:

• Whether the decedent had a will;
• The location of the will;
• Contact information for the named legatees and surviving spouse;
• Determination of decedent’s wishes for distribution of assets;
• Contact information for the named executor;
• Determination of whether the executor will qualify;
• Contact information for alternate executor, if named;
• Contact information for the witnesses to the will, if contested;
• Determination of whether a tutor was named for minor children;
• Determination of whether instructions were given regarding organ donation;
• Determination of whether instructions were given regarding funeral plans;
• Determination of whether instructions were given regarding burial or cremation.

The Heirs or Legatees:

• Name, age, address, and social security number of surviving spouse;
• Name, age, address, and social security numbers of the named legatees (if testate) or heirs (if intestate);
• Contact information for parents or guardians if there are any minor legatees;
• Contact information for any successor heirs or legatees, if any are predeceased;
• Determination if any heirs are legatees are missing;
• Determination if decedent had any forced heirs.

Assets and Debts (and estimated value of each item):

• All real estate in Louisiana (street address and legal description);
• Determination which property was used as homestead;
• Determination which was decedent’s domicile;
• Any real estate located outside Louisiana;
• All mortgage and insurance information for real estate;
• Determination of whether there was a reverse mortgage;
• Automobiles, motorcycles, and boats;
• All lien and insurance information for automobiles and other movables;
• Other personal property (furniture, antiques, jewelry, clothing, artwork, precious metals, and anything of substantial value);
• Cash and accounts in financial institutions;
• Safe deposit boxes, including their location, contents, and how to access;
• Any business interests, including sole proprietorships, partnerships, corporations, and limited liability companies;
• Stock in closely-held or family corporations;
• Securities, annuities, bonds, or CDs
• Death benefits payable under retirement plans;
• Life insurance;
• Transfers or gifts made within three years of decedent’s death;
• Debts owed to decedent;
• Insurance policies in which decedent was the beneficiary;
• Cash surrender value of insurance;
• Whether decedent created any trusts;
• Any pending or potential litigation;
• Veterans’ benefits;
• Social Security benefits;
• Income tax liabilities or refunds;
• Digital assets;
• List of all creditors and balances owed.

Louisiana Succession Attorneys:

We are a Gretna law firm that has served the New Orleans area since 1980.  Our experienced succession lawyers are well versed at handling all types of successions and probate matters in Louisiana and can help guide you through the probate process from beginning to end.  We take pride in offering a personal and trusted experience.  Call us today for a free consultation and find out why so many of our clients come back to us.