When a Louisiana resident dies owning assets titled in their name, a Louisiana succession is necessary so that the assets can be transferred to the proper heirs. The question typically is not whether a succession is necessary, but the question is often whether an "Administration" is necessary.
Let's say, for example, that Dad died recently. Mom is still alive. Dad and Mom owned a home, two cars, a bank checking and savings account, and some stock in ABC, Inc. Dad left a Will naming Mom as executor, leaving Mom the lifetime usufruct of his estate, and naming his children as naked owners. Mom has signature authority over the bank accounts since they were joint accounts, and Mom is not interested in a quick sale of the house, cars or stock.
This succession might be handled quicker and easier by skipping the Administration. We simply petition the court to place the heirs in possession of the estate without getting Mom confirmed as executor. With a signed Judgment of Possession, Mom can have the house title transferred, she can have the vehicles put in her name, and she can have the stock transferred out of Dad's name. End of story.
If things are the least bit complicated, however, we have an Administration. Let's say now that Mom died with a Will leaving her estate to her children, and naming her son, Larry, as the executor. Mom's cars need to be sold, and no one has access to Mom's accounts to take care of Mom's final bills and other estate expenses. In this case, we need an Administration. We need to petition the court to have Larry confirmed as executor. Once confirmed, he can go to Mom's bank and collect her funds and deposit them in an estate account that he opens. As executor, he can sell Mom's vehicles and deposit the funds in the estate account. Once all of the estate's bills are paid, he can distribute the estate account to the heirs.
Once we take good hard look at the assets and the family's objectives, we can determine whether an Administration of a Louisiana Succession is necessary. If you have questions about whether a Louisiana succession is necessary, feel free to shoot me an email at [email protected], or post a comment. We handle uncontested successions in every Louisiana parish. Contact us for your no-cost initial phone conference or office meeting. Until next time...