When a loved one passes away in Louisiana, one of the first legal questions that often arises is: How long do I have to open succession? Whether your loved one left a Will or not, succession (known as probate in other states) is often required to legally transfer assets. In this post, we explain the legal timeframes, practical consequences of delay, and why it’s smart to consult an experienced succession lawyer in New Orleans, Metairie, Mandeville, Covington, or Madisonville.
What Is Succession in Louisiana?
Succession is Louisiana’s version of probate. It’s the court-supervised legal process of settling a deceased person’s estate. This process:
- Confirms the validity of a will (if there is one)
- Appoints an executor or administrator
- Pays debts and taxes
- Distributes property to heirs or legatees
Whether or not the decedent had a will, succession may be necessary to transfer legal title to assets.
Is There a Deadline to Open Succession or Probate in Louisiana?
Under Louisiana law, there is no strict legal deadline for when a succession must be opened. You can, in theory, open a succession many years after someone dies. However, waiting too long can lead to complications.
That said, there are practical reasons to initiate succession within six to twelve months of death:
- Heirs may be unable to sell or transfer inherited property without completing succession.
- Bank accounts, retirement accounts, and investments may be inaccessible.
- Real estate titles remain in the deceased’s name, creating issues for refinancing or sale.
- Vehicles can’t be retitled until the estate is settled.
- Estate taxes (if applicable) are due within 9 months of death.
If succession is not opened in a timely manner, heirs may face probate delays, asset depreciation, or even lawsuits over ownership rights.
What If the Deceased Had a Will?
If the decedent left a valid will, it does not bypass the succession process. A will simply provides instructions for how the estate should be distributed. Those instructions still need to be validated and executed through the court.
An experienced will lawyer can help you file the will with the court, open the succession, and begin the administration process.
When Is Succession Not Required?
In some cases, succession may be avoided altogether. Common examples include:
- Assets held in a revocable living trust
- Accounts with designated beneficiaries (e.g., life insurance, IRAs, 401(k)s)
- Small estates (under $125,000 in value and no immovable property) may qualify for the small succession affidavit
Even in these situations, it’s wise to consult a trust lawyer or estate planning attorney to confirm whether a succession is necessary or can be avoided.
What Happens If Succession Is Never Opened?
If no one opens succession:
- Heirs can’t legally claim ownership of property or financial accounts
- Property may be abandoned or seized for unpaid taxes
- Family disputes may arise without a clear legal process
- Title issues can prevent future sales or loans
In the long run, failure to open succession can cause more legal issues and financial loss than the cost of opening the estate promptly.
How Long Does Succession or Probate Take in Louisiana?
Once opened, a straightforward succession might take 2–6 months. Complex estates involving:
- Real estate
- Multiple heirs
- Business interests
- Disputes or missing documents
…can take a year or more. Starting early helps prevent unnecessary delays.
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
