Succession vs. Probate in Louisiana: What’s Actually the Difference?
Navigating the loss of a loved one is difficult enough without settling the estate on your plate. This can be especially true in Louisiana, which has a unique civil legal system. For example, what many states call probate is known as succession in Louisiana. It’s helpful to understand the difference between succession vs. probate in Louisiana.
During this difficult time, it’s recommended that you hire a succession lawyer to help you handle your legal affairs. That way, you can abide by your loved one’s wishes and secure assets that are now rightfully yours without taking time away from grieving your loss. Even with a local Baton Rouge succession lawyer, it’s imperative that you understand state probate laws and how they pertain to your unique case.
Succession vs. Probate in Louisiana
Discerning between succession and probate in Louisiana can be challenging because the terms are often used interchangeably. In fact, if you ask some people, probate and succession do mean the same thing. While this is mostly true, there is a bit more nuance to the situation.
In Louisiana, probate technically refers specifically to the process of validating a decedent’s last will, while succession is the entire process of administering the estate. In most other states, the entire estate administration process is simply known as probate.
This mostly matters in cases where there is no will. The estate technically still has to go through succession, but there is no will to probate.
A Louisiana succession attorney can help with your case by helping you understand the nuances of succession in Louisiana versus probate in other states and by representing you throughout the different stages of your case.
Succession is known for being a lengthy process, but some cases may be faster than others. On average, probate takes anywhere from six to nine months in Louisiana.
It helps if the decedent clearly outlines their wishes in their will. No matter the size of your case, it’s recommended that you hire a succession lawyer to represent you throughout the probate process. Many people think their will is airtight, but it’s easy to leave important elements out that an attorney can help work through.
Succession in Louisiana Without a Will
It’s estimated that around 66 percent of Americans don’t have a will. In the event the decedent didn’t have a will, the estate is administered per Louisiana’s intestate succession laws. In Louisiana, there is a set list for who receives assets in an estate if the decedent didn’t outline their wishes in a legal document.
Before that can happen, however, the court first must assign a representative to the estate. It’s this person’s responsibility to inventory assets and debts, organize affairs, settle debts, and distribute remaining assets. Who receives property from an estate ultimately depends on who survives the decedent. This can decide everything from who inherits bank accounts to who keeps the family home when someone dies without a will.
There are special rules for community and separate property depending on whether or not the deceased party was married or has children. A Baton Rouge succession lawyer can help you prepare for probate based on the details of your situation.
No matter how straightforward an estate seems, it’s recommended that you hire a succession lawyer to represent you, especially when there isn’t a will to serve as a guiding light throughout the process.
FAQs
Do All Assets Have to Go Through Succession in Louisiana?
No, all assets do not have to go through succession in Louisiana. Most property in an estate does go through succession before being distributed per the decedent’s will or Louisiana intestate laws. However, there are a few exceptions that allow assets to bypass this process.
It’s possible to avoid probate in Louisiana if property:
- Has payable-on-death or transfer-on-death designations (PODs/TODs)
- Has rights of survivorship
- Is eligible for a small succession affidavit
- Is placed in a trust
How Long Do I Have to Probate an Estate in Louisiana After the Death of a Loved One?
How long you have to probate an estate in Louisiana after the death of a loved one ultimately is up to you. Even though there isn’t a strict legal deadline for succession, it’s generally recommended to start the process as soon as you’re ready. Waiting too long can lead to a number of complications, including:
- Frozen assets
- Insurance gaps
- Real estate title issues
- Tax deadlines
- Vehicle title issues
How Long Does Succession Take in Louisiana?
How long succession takes in Louisiana depends on the size and complexity of the estate. That said, probate is known for being a lengthy process no matter the size of your case.
Filing a small succession affidavit is likely going to be the quickest way to distribute an estate. Estates valued under $200,000 or that belong to a decedent who passed at least 20 years ago may be eligible for this expedited process.
How Can a Louisiana Succession Attorney Help With My Case?
A Louisiana succession attorney can help with your case by offering any level of legal support you need throughout the process. Louisiana has unique probate laws when compared to other states.
It’s imperative that you understand how to administer an estate based on the facts of your situation. A local Baton Rouge succession lawyer can help you by:
- Drafting and filing court documents
- Evaluating creditor claims and settling debts
- Handling required tax filings
- Resolving disputes
- Securing final court orders
Hire a Succession Lawyer to Help You Handle an Estate Through Louisiana Probate Laws
Losing a loved one is never easy. Handling legal affairs in the wake of their loss can make matters even worse. Since 2000, Rowe & Manning Law Firm LLC has been representing Louisianans through complex probate cases.
We’ve earned the trust of the members of our community over the years, working with local churches and volunteer organizations and earning many 5-star reviews on Google for our comprehensive legal advocacy.*
Contact our office to schedule a consultation with a member of our team to discuss your legal options in a probate case. You can find us in Baton Rouge near the I-10 and I-12 interchange whenever you’re ready.
*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
At the Rowe & Manning Law Firm LLC, we are proud that our clients can reach us when they need assistance. We always respond to phone calls promptly so you never have to struggle to reach your lawyer.
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