Putting in Possession in Louisiana
The most common type of Louisiana succession is a succession without administration, more commonly referred to as a simple putting in possession. This type of succession requires no succession representative (administrator or executor). A “petition for possession” is filed along with an “affidavit of death, domicile, and heirship”, a “sworn detailed descriptive list of assets and debts”, and a “judgment of possession”.
The petition and judgment will recognize who the proper heirs or legatees are and will recognize what property is still owned by a surviving spouse and what property the surviving spouse will hold a spousal usufruct over. The judgment should also include a catch-all paragraph ordering anyone, particularly banks, to deliver possession to the named heirs or legatees of any property they hold in the decedent’s name.
The judge will then examine the documents, including the death certificate and will if the decedent died testate, and if everything is in order the judge will sign the judgment. The judgment transfers title of the decedent’s assets to the heirs or legatees. If the succession includes immovable property, the succession attorney will record it in the conveyance records of each parish that immovable property is owned by the estate.
When is Putting in Possession Available?
A succession without administration is available whenever the estate is clearly solvent and there is no need for an administration. In testate successions, it is available if all the legatees are competent, all the legatees accept the succession, and none of the creditors of the estate demand administration.
In an intestate succession, the heirs can be put in possession without administration if the estate is “relatively free of debt” and all the heirs request that the succession be without administration. An estate is “relatively free of debt” if the debts of the estate are small in comparison with the assets of the estate and the mortgage(s) are paid current. The process is the same for intestate and testate successions except there will be no last will and testament to probate in an intestate putting in possession.
New Orleans Succession Attorneys
Bowes, Petkovich & Palmer, LLC is a Gretna law firm that has served the New Orleans area since 1980. Our experienced lawyers can handle any succession including a putting in possession and have you placed into ownership of your loved one’s estate. 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.