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Click on a legal term below to reveal its definition. Once you have reviewed the basics, test your knowledge!
| TERM | CLICK TO ANSWER |
|---|---|
| Succession + | Click to reveal definition… Louisiana’s process for transferring property after death. |
| Usufruct + | Click to reveal definition… A right allowing one person (usually a spouse) to use and benefit from property that belongs to another. |
| Naked Ownership + | Click to reveal definition… The underlying ownership of property, separate from the usufruct. Often held by the children. |
| Testator + | Click to reveal definition… The person who makes a Will. |
| Intestate + | Click to reveal definition… When someone dies without a Will. Louisiana law decides who inherits. |
| Executor (Administrator) + | Click to reveal definition… The person appointed to handle the estate – paying debts, filing pleadings, and transferring property. |
What is most important to you? Click a goal below to see which option fits best:
| TERM | CLICK TO ANSWER |
|---|---|
| Protecting my Spouse? + | Click to see explanation… Both can work. A Will can grant Usufruct, allowing them to stay in the home. A Trust can go further by protecting assets from their future creditors. |
| Avoiding Probate? + | Click to see explanation… A Trust is required. Assets placed in a Trust bypass the court-supervised succession process entirely. |
| Preserving Inheritance? + | Click to see explanation… A Trust is best. You can dictate exactly when and how your children receive their inheritance. |
| Privacy? + | Click to see explanation… A Trust is best. Wills become public record once filed in court. Trusts remain private family documents. |
| FEATURE | WILL | TRUST |
|---|---|---|
| Goes Through Succession (Probate) + | Click to reveal…✔ Yes | Click to reveal…✘ No |
| Effective During Lifetime + | Click to reveal…✘ No | Click to reveal…✔ Yes |
| Controls Timing of Inheritance + | Click to reveal…Limited | Click to reveal…✔ Full control |
| Privacy + | Click to reveal…Public record | Click to reveal…Private |
| Cost to Set Up + | Click to reveal…Lower | Click to reveal…Higher |
| Ongoing Management + | Click to reveal…None | Click to reveal…Requires upkeep |
| Common Louisiana Feature + | Click to reveal…Can include usufruct | Click to reveal…Can own property directly |
Here is a timeline of how the succession process generally works. Click any step for details:
| STEP | DESCRIPTION |
|---|---|
| 1 | Death of the Decedent + The person passes away. Their assets, debts, and property become part of the estate. |
| 2 | File Petition to Open Succession + Executor files pleadings with the local court. |
| 3 | Inventory or Descriptive List + Assets and debts are listed and valued to form a balance sheet. |
| 4 | Court Review & Debts Paid + The court ensures all debts, taxes, and administrative costs are addressed. |
| 5 | Judgment of Possession + The court signs an order transferring property to the heirs and the estate is closed. |
Review the scenarios below to see how a judicial succession may generally proceed in common situations.
These simplified examples will help prepare you for the Module 3 knowledge check.
Some estates may qualify for different or simplified procedures.
The Situation: Maria passes away owning a home, a vehicle, and a bank account. She left a valid Will naming her sister as executor, with the home left to her daughter and the vehicle left to her son.
Who Is in Charge? The executor named in the Will or another interested person may begin the court process by filing the appropriate pleadings to probate the Will and open the succession.
What Happens Next? The succession property and applicable liabilities are identified and valued through an inventory or sworn detailed descriptive list. Estate obligations may also need to be addressed before the succession can be completed.
Who Gets the Property? The people named to receive property under the Will are generally called legatees. After the applicable succession requirements have been completed, the court may sign a Judgment of Possession recognizing the legatees and sending them into possession of the property.
Key Takeaway: A Will can identify who should receive property and who the deceased preferred to handle the succession. Court proceedings may still be required to probate the Will, address succession matters, recognize the proper legatees, and place them into possession.
The Situation: James passes away owning a home, a truck, and a savings account. He did not leave a valid Will.
Who Is in Charge? An interested person, such as an heir, may begin the succession process. If administration is necessary, the court may appoint a qualified administrator to manage the estate.
What Happens Next? The estate’s property and liabilities are identified and valued. Applicable debts, expenses, and other succession obligations may need to be handled before the estate is distributed. Family members should not informally divide or distribute succession property before the proper heirs, ownership interests, and estate obligations have been determined.
Who Gets the Property? Because James did not leave a valid Will, his undisposed property passes according to Louisiana’s intestate succession laws.
Key Takeaway: When a person dies without a valid Will, Louisiana law determines the legal heirs and their inheritance rights. The person who opens or manages the succession does not automatically receive the property.
The Situation: Robert passes away owning a house, a vehicle, and a bank account. Before the succession can be completed, the estate must determine what property Robert owned, what liabilities existed, and who is legally entitled to the property.
Who Is in Charge? This depends on the circumstances. If Robert left a Will, the named executor may seek appointment. If he did not leave a Will, an heir or another qualified person may ask the court to appoint an administrator when administration is necessary.
What Happens Next? An inventory or descriptive list may be prepared to identify and value the estate’s assets and liabilities. These may include:
Who Gets the Property? With a valid Will, the property may pass to the named legatees, subject to applicable Louisiana law. Without a valid Will, the undisposed property passes to the legal heirs determined under Louisiana intestate succession law.
Key Takeaway: The person managing the succession does not decide who receives the property. Distribution is governed by the Will, when valid and applicable, or by Louisiana law.
The Situation: Linda passes away and leaves a Will naming her cousin as executor. Her family is unsure who has authority to handle the estate.
Who Is in Charge? The person named as executor does not automatically gain full authority merely because that person is named in the Will. The Will generally must be presented for probate, and the executor must be confirmed or appointed through the appropriate court process. Without a Will, or when no named executor is able or willing to serve, an eligible person may seek appointment as administrator.
What Happens Next? The succession representative may be responsible for:
Who Gets the Property? The executor or administrator does not personally decide who inherits. Property passes according to a valid Will and applicable Louisiana law, or Louisiana intestate succession law when there is no controlling testamentary disposition.
Key Takeaway: The executor or administrator manages the succession, but the court oversees the judicial process and may issue a Judgment of Possession recognizing the appropriate heirs or legatees and sending them into possession.
The Situation: Thomas is still living and owns several assets. His family asks whether they can begin his succession in advance.
Who Is in Charge? A succession arises following death. After Thomas’s death, an interested person may begin the appropriate process. Who handles the succession will depend on whether Thomas left a Will and whether administration is required.
What Happens Next? A judicial succession may generally involve:
Some qualifying estates may use a different or simplified procedure.
Who Gets the Property? If Thomas leaves a valid Will, the named legatees may receive the property subject to applicable law. If he leaves no valid Will, the property passes to the legal heirs determined under Louisiana intestate succession law.
Key Takeaway: Succession rights arise after death. In a judicial succession, the court may ultimately issue a Judgment of Possession recognizing the appropriate heirs or legatees and sending them into possession of the property.
Got them all? Take a 30-second quiz to test your knowledge.
| Term | Click to Answer |
|---|---|
| Succession | Louisiana’s process for transferring property after death. Similar to probate, but governed by our Civil Code. |
| Usufruct | A right allowing one person (usually a spouse) to use and benefit from property that belongs to another – such as living in a home owned by the heirs. |
| Naked Ownership | The underlying ownership of property, separate from the usufruct. Often held by the children, who gain full control when the usufruct ends. |
| Testator | The person who makes a Will. |
| Intestate | When someone dies without a Will. Louisiana law decides who inherits. |
| Executor (Administrator) | The person appointed to handle the estate – paying debts, filing pleadings, and transferring property. |
Louisiana’s process for transferring property after death. Similar to probate, but governed by our Civil Code.
Click to AnswerA right allowing one person (usually a spouse) to use and benefit from property that belongs to another – such as living in a home owned by the heirs.
Click to AnswerThe underlying ownership of property, separate from the usufruct. Often held by the children, who gain full control when the usufruct ends.
Click to AnswerThe person who makes a Will.
Click to AnswerWhen someone dies without a Will. Louisiana law decides who inherits.
Click to AnswerThe person appointed to handle the estate – paying debts, filing pleadings, and transferring property.
| Feature | Will | Trust |
|---|---|---|
| Goes Through Succession (Probate) | Yes | No |
| Effective During Lifetime | No | Yes |
| Controls Timing of Inheritance | Limited | Full control |
| Privacy | Public record | Private |
| Cost to Set Up | Lower | Higher |
| Ongoing Management | None | Requires upkeep |
| Common Louisiana Feature | Can include usufruct | Can own property directly |
In Louisiana,this court-supervised process is succession. Here are the main steps. known as
The person passes away. Their assets, debts, and property become part of the estate.
The executor or heir files pleadings with the local court to open the estate.
Assets and debts are listed and valued. This document forms the estate’s “balance sheet.”
The court ensures all debts, taxes, and administrative costs are addressed.
The court signs an order transferring property to the heirs or legatees. The estate is closed.
The process is usually faster and
simpler the court follows your written
instructions
Louisiana law decides who inhirits
the order of inheritance (spouse, children,
parents, sibilng, etc.)
is determined by statute
