How Does a Succession Work in Louisiana?

There is tons of confusion among ordinary Louisiana folks about how a Louisiana Succession works. People often get confused about the difference between a succession the is "administered" versus a succession that is handled "without administration."

The simplest successions are handled without an adiministration. If all of the heirs are competent, and all heirs agree to accept the succession, and the succession is relatively free of debt, then we will prepare all of the succession pleadings, and all of the heirs will agree on the assets, debts, and distribution of the estate. After all of the legal pleadings have been signed by all of the heirs, and filed at the courthouse, a judge will sign a "Judgment of Possession," which orders third parties to transfer assets into the heirs' names.

In all other successions, there will be an administration. An administration is required when:

• An executor of the will (or administrator if no Will exists) must be confirmed by the court to handle necessary estate matters;
• Someone contests a succession matter;
• Succession assets need to be sold so the proceeds may be divided among the heirs;
• All of the succession funds need to be collected and deposited into a succession bank account prior to their distribution;
• Someone needs access to succession funds to pay succession debts and other administrative expenses; or
• For any other necessary reason.

If you'd like to find out whether a Louisiana succession should be "administered," simply shoot me an e-mail at paul@rabalaislaw.com, or post a comment to this Post, or give my office a call at (225) 329-2450.

Until next time...

Paul Rabalais

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