The documents required depend on whether the deceased left a valid will, the size and complexity of the estate, and whether any disputes exist among potential heirs. Succession in Louisiana is the legal process through which a deceased person’s estate is administered, and their assets are transferred to heirs or legatees. Courts in Louisiana have specific formality requirements for succession filings, and errors or omissions in documentation are among the most common reasons a succession stalls.
What Succession Means in Louisiana
Louisiana uses the term “succession” where most other states use “probate.” The process is governed by the Louisiana Code of Civil Procedure, which establishes what courts require to open, administer, and close an estate. Whether a succession is testate (with a will) or intestate (without one) affects which documents are needed and how the process unfolds.
Core Documents Required for Louisiana Succession
Regardless of estate size or complexity, certain documents are required in nearly every succession proceeding:
- Death certificate: A certified copy is required to open a succession. Most Louisiana courts and financial institutions require multiple certified copies, as each institution typically retains one.
- Last will and testament: If the deceased left a valid will, the original must be submitted to the court. Louisiana recognizes notarial wills and olographic wills written entirely in the testator’s own handwriting and signed under Louisiana Civil Code Article 1575.
- Petition to open succession: Filed by the executor named in the will, or by an heir in an intestate estate, this document formally asks the court to open the succession and appoint someone to administer it.
- Detailed descriptive list: An inventory of the deceased person’s assets and liabilities that must be filed within a specific period after the succession is opened and must account for all property, debts, and obligations.
- Affidavit of death and heirship: Used to establish the identity of legal heirs, particularly in intestate successions, and signed by people with personal knowledge of the deceased’s family history.
Additional Documents Depending on the Estate
Common additional documents in Louisiana successions include a judgment of possession for real property, letters testamentary or letters of administration for financial accounts, and business-related filings if the deceased owned a business interest. Beyond the core filings, what is required depends on the assets involved and the family circumstances:
- Real property: A judgment of possession must be recorded in the parish where the property is located. Issued by the court at the close of the succession, this judgment formally transfers title to the heirs or legatees and is the instrument used to update property records.
- Financial accounts, retirement funds, or life insurance policies with named beneficiaries: These assets typically pass outside of succession entirely. However, some institutions require a copy of the Letters Testamentary or Letters of Administration issued by the court before releasing funds.
- Business interests: If the deceased owned a business interest, additional documentation may be required depending on how the business was structured and what the operating agreement or articles of incorporation provide for in the event of an owner’s death.
Small Succession Affidavit
Louisiana offers a simplified process for smaller estates that does not require opening a judicial process under Louisiana Code of Civil Procedure Article 3431. Heirs may use a small succession affidavit if all of the following apply:
- The gross value of the estate does not exceed $125,000
- The deceased did not leave a will that has been submitted for probate, or died with a will but had no real estate or other immovable property
- All competent heirs are in agreement and willing to sign the affidavit
- At least 90 days have passed since the date of death if the intestate estate includes real estate
- There are no disputes among potential heirs regarding the estate
When these conditions are met, the affidavit can be used to transfer certain assets without the time and expense of a full succession proceeding.
What Happens When Succession Documents Have Errors
Incomplete or improperly executed documents are one of the most common reasons successions stall in Louisiana courts. A missing signature, an incorrect property description, or a filing that does not meet the formality requirements of Louisiana law can require the process to restart, adding time and expense for the family.
Working with a Metairie probate attorney from the start helps ensure that documents are prepared correctly, filed in the right order, and meet the specific requirements of the parish court handling the succession.
Reach Out to Our Metairie Succession Lawyer at WJ Blanchard Law
Succession can be straightforward or complex depending on the circumstances, but the paperwork rarely takes care of itself. Our team at WJ Blanchard Law in Metairie is ready to help families work through what is required and move the process forward. Contact us online or call (504) 313-7478 to speak with our team.
