What Is The Process Of Succession In Louisiana?

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The succession process to be followed in Louisiana depends upon whether or not the decedent left a will. If the person dies with a will, we call this testate succession. If the decedent died without a will, we call this intestate succession.

The Louisiana Civil Code and the Code of Civil Procedure have different requirements for each of these situations and set out the applicable provisions of law in great detail for each. The decedent’s successors are called his heirs and those are the people who are going to receive property through the succession. The Civil Code articles set out which of his potential heirs are to receive possession of his estate assets if there is no will.

Who Can Heirs Be?

Heirs could be descendants, such as children, grandchildren, great-grandchildren, and great-great-grandchildren or they could be ascendants, such as parents, grandparents or great-grandparents. In certain circumstances, the heirs could be collateral relatives, like siblings, aunts, uncles, and cousins.

Our civil code sets out different results, depending upon whether the estate assets are community property or separate property. Community property is property acquired by a married couple during the course of the marriage. Separate property is: 1) acquired before marriage; or 2) coming to one of the parties by inheritance; or 3) by donation specifically to one of the married couple.

The spouse of a decedent can be an heir, only of community property. But the decedent’s spouse can be a legatee if the decedent died testate. The use of an experienced attorney is desirable in this area. There are all kinds of complications that can arise.

Court Proceedings For Intestate Succession

In all intestate successions, the code requires that the potential heir or heirs present to the appropriate district court certain pleadings. The first pleading is called a petition for possession. This document will set out the facts of the decedent’s death, his marriage or marriages, divorces, and any children born either of the marriage or adopted, and a general description of the type of assets in the succession and the debts that were left by the succession. It should also name the list of potential heirs.

The next pleading to be filed is called an affidavit of death, domicile, and heirship. This document is a sworn notarial document and it is to be signed by two people who knew the decedent for a long period of time. It will set out the date and place of death and list his domicile at the time that he died. It will again list his marriages and divorces. It will list all of the children, either born of the marriages or adopted and, if relevant, a list of his ascendants, descendants, and collateral heirs. Not every one of the affidavits will have all of this information, but they will contain the relative information to that particular situation.

The third pleading to be filed is called a detailed descriptive list. This detailed descriptive list is a list of all the estate’s assets, debts, and obligations. The judge has to see this to complete his role in examining the pleadings and ruling on them. The next pleading is a proposed Judgment of Possession. This pleading is submitted to the judge for his signature. If, after reading and considering the other documents presented, he deems it proper, he signs it. When this signed Judgment of Possession is recorded in the clerk of court records, it becomes like a new title of ownership to the succession assets described in that judgment. Certified copies of this signed judgment of possession can be used in dealing with banks, credit unions, savings loan associations, or a motor vehicle registration department. It can be used just like a new deed or a new title to all of the assets in the estate/succession.

Court Proceedings For Testate Succession

If the decedent left a will, the Civil Code and the Code of Civil Procedure set out a different set of applicable provisions that need to be complied with for the succession to transfer the assets of a succession to the successor. First, there must be a petition filed with the clerk of court to probate the will/testament. You must file, for presentation to the judge, a petition for probate plus the original will /testament. Also to be filed would be an order for the judge to sign, admitting the will to probate and recognizing it as the last will and testament of the decedent. Also filed with the previously listed documents would be an affidavit of death, domicile, and heirship.

After the judge signs the order admitting the will to probate, you file a detailed descriptive list of the assets of the estate and the debts and obligations of the estate. Assuming there is no dispute, it is the time to file the petition for possession. This version of the petition for possession would have been modified to show that the decedent left a will and testament and also to show that the will has been duly probated and recognized as valid. The petition then sets out the terms of the will, as to who the legatees are and which estate assets they will take ownership of. It must also say how the debts and obligations of the estate are to be paid. Generally, the petition will say that the legatees assume the liability for these debts and obligations. If the judge finds the petition for possession to be in proper form, the judgment is recorded in the clerk of court’s office and it becomes the new title for each legatee to the assets set out in the will and the judgment of possession.

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