In Louisiana, passing property to loved ones after death follows a process unlike anywhere else in the United States. Whereas other states have probate, we follow a set of civil law principles known as succession, which governs everything from who inherits to how debts are settled. With important things at stake, it is a good idea to consult a succession attorney in Metairie, LA, when you are making plans for how to leave your estate. This may include working with a revocable living trust lawyer, understanding when to update your will, knowing how a power of attorney be contested, and ensuring that your estate plan is structured to ensure final wishes are carried out.
How Do You Transfer Property Through Succession in Louisiana?
Succession is the process by which both the rights and the obligations of a deceased person are transferred to their heirs or legatees. Though this is the legal equivalent of probate, its procedures and terminology are distinct, as is its basis in civil law rather than common law.
What Is the Difference Between Civil Law and Common Law?
Common law is a legal system based on judicial decisions and precedent. In this system the courts interpret laws, and past rulings guide future cases. Civil law is based on comprehensive written legal codes and statutes, with less emphasis on court-made precedent. Judges examine and apply the legal code directly rather than creating binding law through their decisions.
For example, say a neighbor’s tree falls and damages your fence. In a common law state, the judge would look at previous court cases about falling trees, see how similar disputes were resolved, and be guided by that precedent to decide who pays. However, in Louisiana, the judge would begin with the written Civil Code articles on property damage and liability, consider how those articles apply to your case, and make their decision, giving much less weight to past court decisions.
Types of Succession
Succession can be testate (with a valid will) or intestate (without a will). The purpose of succession is to identify and value the decedent’s assets (which include real estate, bank accounts, and personal property), pay any debts and taxes, and transfer the remaining property to the rightful heirs or legatees.
Testate Succession
This occurs when the deceased left a valid will. The will must comply with Louisiana legal requirements to be enforceable. In a testate succession, the property is distributed according to the instructions in the will. If someone inherits according to the terms of a will, they are known as a legatee.
Intestate Succession
If a person dies without a will, or the will is invalid or doesn’t cover all property, the estate is distributed according to the Louisiana Civil Code’s intestate succession laws. These laws prioritize certain heirs depending on their relation to the deceased. If someone inherits in the absence of a valid will, they are known as an heir.
Learn from a Metairie, LA Succession Attorney: What Happens in the Succession Process?
The succession process typically involves several stages, the first of which is to determine what type of succession is required. Not all successions require formal court proceedings.
If the estate is small and uncomplicated, it may be possible to use a simpler procedure known as a Small Succession Affidavit. This is an option if the decedent died intestate, the estate is valued at less than $125,000 (as of current law), and the estate does not include immovable property (real estate). If the estate does include immovable property but is small and without debts to pay, a Transfer Without Administration may be filed. For larger or more complex estates, a full judicial succession is necessary.
A Petition for Succession is Filed
Either a family member or the executor files a Petition for Probate (if there is a will) or a Petition for Possession (if there is no will). This must be filed in the district court of the parish where the decedent was domiciled, that is, where they lived, at the time of their death. The petition usually includes:
- A copy of the death certificate
- The will (if applicable)
- A list of heirs or legatees
- An inventory of assets and liabilities
- An affidavit of death, domicile, and heirship
The Estate Is Opened and a Representative Is Appointed
If the court approves the petition, it will formally open the succession and appoint an executor (named in the will) or an administrator (if no will exists). This person, also known as the succession representative, is granted the legal authority to manage and distribute the estate, collect debts, pay taxes, and handle legal filings.
The Estate Is Inventoried
The succession representative is responsible for locating, identifying, and valuing all the estate’s assets and liabilities. These may include real estate, bank accounts, vehicles, personal property, business interests, and debts and liabilities. They must then file a Detailed Descriptive List or a sworn inventory with the court.
Debts and Taxes Are Settled
Before distributing property, the estate must pay all outstanding debts and taxes, including funeral expenses, medical bills, credit card debt, any outstanding state and federal taxes, and federal estate taxes if applicable. Creditors must be notified and may file claims against the estate. The court will ensure that all legitimate claims are satisfied before distribution to heirs.
The Remaining Property Is Distributed
Once all debts are paid, the court authorizes the distribution of the remaining property to the heirs or legatees. If there is a will, it is followed precisely unless successfully contested. If the person died intestate, Louisiana’s default laws determine who inherits and in what proportion.
The Succession Is Officially Closed
After distribution, the succession representative files a Final Tableau of Distribution and a Petition to Close Succession. Once the court approves it, the succession is closed, and the representative is discharged from their duty.
Louisiana Intestate Succession Rules
If no will exists, there is a defined system that governs who inherits:
Children and Descendants
If the decedent had children, they inherit equally. The surviving spouse may have a usufruct over the decedent’s share of community property.
Parents and Siblings
If no children exist, parents and siblings inherit.
Surviving Spouse
In the absence of descendants, parents, and siblings, the surviving spouse may inherit.
Other Relatives
If no immediate family exists, more distant relatives inherit.
The State
If no legal heirs can be found, the property escheats to the state.
Usufruct
The list above seems straightforward, but there are more legal factors in play than simply the matter of inheritance. The most important of these is the concept of usufruct. In Louisiana, while children are the default inheritors of someone who dies intestate, they may not do what they want with the property, funds, or other assets if the deceased has left behind a spouse. The surviving spouse has usufruct, a Latin term meaning “use of the fruit.” This gives them the right to use and enjoy all the property of their deceased spouse for as long as they live, as long as they preserve its substance.
Succession, despite its occasional complexities, involves a well-defined legal process. Whether an estate is administered under a will or intestate laws, the succession must go through the courts to properly distribute assets, settle debts, and transfer ownership.
Contact Our Louisiana Estate Planning Law Firm For Help Today
If you are planning for the future or need guidance with wills, trusts, or probate in Metairie, Louisiana, contact the experienced estate planning attorneys at WJ Blanchard Law to schedule a consultation and protect your family’s legacy today.
We proudly serve New Orleans, Jefferson Parish, and the surrounding areas:
WJ Blanchard Law
2800 Veterans Blvd Suite 257
Metairie, LA 70002
Phone: (504) 313-7478
Hours: Mon-Fri 09:00-17:00
Our firm is located near you. We have an office in Metairie
Find us with our GeoCoordinates: 30.0014913,-90.1498979,893
