What is a Testate Succession?

In Louisiana, when a person dies without a will, it is known as a testate succession.  Per La. Civ. Code art. 874, a testate succession results from the will of the deceased, contained in a testament executed in a form prescribed by law.  Per La. Civ. Code art. 1469, a donation mortis causa is an act to take effect at the death of the donor by which he disposes of the whole or a part of his property.  A donation mortis causa is revocable during the lifetime of the donor.

The will may provide for a general distribution of the estate, or it may specify which assets are distributed to which recipients.  The executor designated in the will is in charge of allocating the assets in accordance with the decedent’s desires.

Types of Valid Wills in Louisiana:

Louisiana law recognizes two primary forms of wills, olographic and notarial wills.  For any kind of will to be deemed legitimate, certain conditions must be fulfilled.  The will might not be valid if the conditions are not fulfilled.  This implies that intestate succession would be used to manage the estate.

Notarial Wills:

The most formal kind of will in Louisiana is a notarial will, which entails the following steps:

Preparation: Typically, the will is printed or typed.

Execution:  The will needs to be signed by the testator, the one who made it.  Two qualified witnesses and a notary public must be present during this process.

Witnesses:  The will must be signed by two witnesses.  This attests to the testator’s free will and mental capacity when they signed it.

Notarization:  The signatures are confirmed by the notary public.  This guarantees that all legal requirements are met.

Olographic Wills:

The testator handwrites an olographic will.  It needs to fulfill the following specifications:

Handwriting:  The testator’s hand must be used to write the entire will.

Date:  The testator must date each page of the will.

Signature:  The testator must sign the will on each page.

Legibility:  The intention must be obvious, and the handwriting must be readable.

No witnesses required:  Witnesses are not required for an olographic will to be valid.

Testate Succession versus Intestate:

An intestate succession, which happens in the absence of a valid will, is the reverse of a testate succession. The Louisiana Civil Code establishes who gets the estate in an intestate succession.

What Happens if a Legatee Renounces the Succession or Dies First?

It is not uncommon for a legatee to renounce their succession or to predecease the testator.  A renunciation could be for strategic or personal reasons.  In any event, if the will is silent as to who the property passes to in such a situation, Louisiana law dictates who inherits their portion.  Per La. Civ. Code art. 965, in the absence of a governing testamentary disposition, the rights of a testate successor who renounces accrete to those persons who would have succeeded to them if the legatee had predeceased the decedent.

Likewise, if a legatee dies first, the will should address this by appointing successor legatees.  If a will does not appoint a successor legatee, this is known as a lapse in which case testamentary accretion takes place.

Impact on Estate Planning:

No matter how much or little you own, everyone should have a last will and testament.  You should have one for the following reasons:

Unambiguous Goals and Directions:

Indicate your desires:  You can specify how you want your belongings to be divided after your death by creating a will.  This helps ensure that the individuals or organizations you choose receive your possessions.

Prevent family conflicts:  By expressing your desires clearly, you can prevent miscommunications.  Your family will be aware of the distribution of your belongings.

Protect Your Loved Ones:

Name guardians for minor children in order to protect your loved ones:  If you pass away, a will allows you to specify how your minor children will be raised.  If you have specific arrangements for their care, this is crucial.

Create dependent trusts:  You can manage assets by creating trusts within a will.  For children, dependents with special needs, or anybody else in need, this is frequently beneficial.

Effective Management of Estates:

Select an executor:  You can designate someone to administer your estate and carry out your desires by using a will.  The probate procedure will be managed by the executor.  This covers allocating assets or paying off obligations.

Simplify the legal process:  The probate process is sped up and made easier with a will.  It can cut down on legal expenses, time, and stress.

Safeguard Your Resources:

Prevent intestate succession:  Without a will the division of your estate will be determined by state law.  Maybe this isn’t what you desire.

Lower estate taxes:  A will can assist in lowering estate taxes for larger estates.

Louisiana Testate 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 your family open and close your loved one’s testate succession.  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.