New Orleans Estate and Succession Lawyers:

A succession lawyer is an estate attorney who specializes in assisting families and heirs in obtaining their inheritance through the probate process.  An experienced succession attorney is needed to identify the rightful heirs, determine whether there are forced heirs, appraise assets, identify creditors, and distribute the estate.  As a result, a probate lawyer can help you navigate Louisiana’s unique and extensive succession laws.

During the initial appointment, a Louisiana succession lawyer will examine your loved one’s estate planning documents, their assets, their debts, and familial relationships.  After that, the succession lawyer will prepare the legal documents necessary to place the heirs or legatees into possession of the estate.  You should call a succession attorney as soon as possible after a loved one has passed, while information and financial documents are readily available.

Testate versus Intestate Successions:

When a decedent had a will, they are said to have died testate.  Their estate is divided according to the terms of the will if it is valid.

When a decedent dies without a will, they are said to have died intestate.  Their estate is divided according to Louisiana law.  Community property is first passed to descendants, and then to the surviving spouse if there are no children of the marriage.  Separate property passes to descendants first, then to parents or siblings, then to the surviving spouse, then to other ascendants, then to collaterals, and finally to the State if there are no living relatives.

Types of Estates that Our Succession Lawyers Handle:

There are different types of succession proceedings depending on the circumstances.  Each has its own nuances and differing levels of complexity.  Our New Orleans succession lawyers are experienced at handling all types of Louisiana successions.

Administrated Successions:

A succession under administration is necessary whenever there needs to be a judicial determination of some aspect of the estate, if any part of estate is contested, if the decedent was insolvent, if there are absent heirs, etc.  Our New Orleans successions lawyers are experienced at handling administrations.

When a succession is administered, a succession representative must be appointed.  If there is a will that names an executor, the judge will appoint that person to be the succession representative.  If the will does not name an executor, the named representative refuses to serve, or the decedent dies without a will, the judge will appoint an administrator.

The succession representative’s duties include taking an inventory of the estate assets, determining what debts are owed by the estate, paying creditors, and initiating the court proceedings.  When the issues that necessitated an administration have been resolved, the succession can be closed and the heirs placed into possession of the estate.

Simple Successions:

Successions without administration, also referred to as a simple putting in possession, are the most common type of succession.  There is no requirement for a succession representative, so they move much quicker.  Our New Orleans successions lawyers handle simple successions routinely and can quickly prepare the necessary Petition for Possession, Affidavit, Sworn Detailed Descriptive List of Assets and Liabilities, and Judgment of Possession.

A simple succession can be filed whenever the estate is clearly solvent and there is no need for an administration.  In testate successions, all the legatees must be competent, all the legatees accept the succession, and none of the creditors of the estate demand administration.  In an intestate succession, the estate must be “relatively free of debt” and all the heirs must agree that the succession be without administration.

Small Successions:

It is not necessary to open a judicial succession when the decedent died intestate, and the value of the estate is $125,000.00 or less.  A small succession can also be filed when at least twenty years has passed since the date of death, regardless of the size of the estate.  Our New Orleans succession lawyers have prepared many small succession affidavits over the decades.

The affidavit must be signed by at least two people, including the surviving spouse if the decedent was married.  There is a two-year prescriptive period to contest the transfer of immovable property by small succession affidavit.

Double Successions:

A double succession is a proceeding that involves the succession of two separate people.  This is often used for married couples but is also sometimes used across generations.  Our New Orleans succession lawyers are experienced at handling double successions.

Double successions are useful when heirs want to sell a piece of property, and they discover that a prior estate has never had a succession done.  Title to immovable property cannot be transferred until the seller is placed in legal possession of the property.  This cannot be done until all prior owners’ estates are probated.

Contesting a Will:

Wills can be challenged up to five years from when the succession proceeding began.  A will can be contested for lack of proper form, forgery, lack of capacity, fraud, or duress.  Our New Orleans succession lawyers are experienced at contesting wills and defending against contested wills.

Louisiana Succession Lawyers:

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 estate and probate matters.  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.