How to Go Through Succession in Louisiana
Succession is the legal process of transferring property and assets from a deceased person to their heirs. In Louisiana, the process of succession is unique compared to other states in the United States. This article will guide you through the steps involved in going through succession in Louisiana and answer some frequently asked questions.
Understanding Succession in Louisiana
Louisiana operates under a civil law system, which is derived from the Napoleonic Code. This means that the succession process in Louisiana is significantly different from states that operate under common law. In Louisiana, the process is often referred to as “probate” in other states.
The succession process begins when a person dies, leaving behind property and assets. The first step is to determine whether the deceased person had a valid will or not. If there is a will, it must be filed with the appropriate court within 30 days of the person’s death. If there is no will, the estate is considered “intestate,” and the succession process will be guided by the state’s laws of intestacy.
Steps to Go Through Succession in Louisiana
1. Hire an Attorney: Successions in Louisiana can be complex, and it is highly recommended to hire an experienced attorney who specializes in this area of law. An attorney will guide you through the process, ensure compliance with all legal requirements, and protect your rights and interests.
2. File a Petition: The attorney will file a petition with the appropriate court to open the succession. The court will then appoint an executor or administrator to oversee the process. If there is a will, the court will likely appoint the person named as the executor in the will. If there is no will, the court will appoint an administrator.
3. Inventory and Appraisal: The executor or administrator is responsible for preparing an inventory and appraisal of all the deceased person’s assets. This includes real estate, bank accounts, investments, personal property, and any other assets. The inventory and appraisal must be filed with the court within 90 days of the appointment.
4. Notification of Creditors: The executor or administrator must notify all known creditors of the deceased person’s death and the opening of the succession. Creditors have one year from the date of death to file a claim against the estate.
5. Paying Debts and Taxes: The executor or administrator is responsible for paying off any outstanding debts and taxes owed by the deceased person. This includes funeral expenses, medical bills, and any other valid debts. The executor or administrator must also file the deceased person’s final income tax return.
6. Distribution of Assets: Once all debts and taxes have been paid, the remaining assets can be distributed to the heirs. If there is a valid will, the assets will be distributed according to the instructions in the will. If there is no will, the assets will be distributed according to the state’s laws of intestacy.
Frequently Asked Questions about Succession in Louisiana
Q: Do I need an attorney to go through succession in Louisiana?
A: While it is not legally required to hire an attorney, it is highly recommended due to the complexity of the succession process.
Q: How long does the succession process take in Louisiana?
A: The duration of the succession process can vary depending on various factors, such as the complexity of the estate and any disputes that arise. On average, it can take anywhere from six months to several years.
Q: Can I contest a will in Louisiana?
A: Yes, you can contest a will in Louisiana if you believe it is not valid due to reasons such as lack of mental capacity, undue influence, or fraud.
Q: What happens if someone dies without a will in Louisiana?
A: If someone dies without a will in Louisiana, their estate is considered intestate. The assets will be distributed to the heirs according to the state’s laws of intestacy.
Q: Can I disinherit a family member in Louisiana?
A: In Louisiana, you have the right to disinherit a family member by explicitly stating your intention to do so in a valid will.
In conclusion, going through succession in Louisiana involves several steps, including hiring an attorney, filing a petition, inventory and appraisal, notification of creditors, paying debts and taxes, and distribution of assets. It is crucial to seek legal guidance to ensure a smooth and compliant process.