What Is Succession In Louisiana?

---

The process that most states refer to as probate is known as succession in Louisiana. Louisiana is considered a code state. All of our rules and regulations concerning succession are set out in a very organized and detailed fashion in the Louisiana Civil Code and the Louisiana Code of Civil Procedure. Article 871 of that civil code defines succession as “the transmission of the estate of the deceased to his successors. The successors are those people who now have become owners of the deceased’s estate assets.” These successors have the legal right to take possession of the assets of the estate of the deceased after complying with applicable provisions of law.

What Does A Succession Not Requiring Administration Usually Consist Of?

A simple succession usually involves only a few assets, such as a house and lot, furnishings for the house, an automobile or automobiles, and checking or savings accounts. There would also be only a few debts, such as household bills, a home mortgage, money owed on an automobile or automobiles, funeral expenses, attorney’s fees, and court costs. The successors of the simple estate assets assume liability for those debts. A succession of this description will usually not require an administration.

What Does A Succession Requiring An Administration Usually Look Like?

Many common situations require that an administration of the succession be used. If there is an ongoing business to run and you have payrolls to take care of, orders to fill, debts to pay, and regular monthly obligations, there may not be enough cash in the succession to pay all these debts. If you don’t have the cash to pay for these things, then there are certain matters that you’ve got to get court approval for to raise money to put in the succession, so that it can be completed before the succession gets involved in litigation.

Instead of trying to do a simple succession, when you have a cash flow problem, you’ve got to do an administration of the succession. The next common complication is when a young father or young mother dies and we have a minor as one of the successors to the estate. When there’s a minor involved, that triggers multiple legal requirements. You’re going to have to deal with other type legal proceedings plus an administration of the succession. Another complication can occur when one of the successors cannot be located or will not agree to join in as a petitioner in the opening of the succession. The law requires that in order to do the estate/succession, you must have all successors involved, especially in regard to a simple, uncomplicated succession.

Frequently, a surviving spouse of the deceased combined with children from a previous marriage creates problems. Also common are disagreements about the interpretation of the language of the provisions in the will. As much as attorneys try to craft exact language in the wills that they draft, words mean different things to different people. When the estate involves sizable assets plus several of these complicating factors, you then have a controversy. It becomes a complicated matter, requiring more work for the attorney, and more money to complete the succession. The judge gets involved and you must have an administration of the estate/succession.

For more information on Succession In the State Of Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450.