Understanding The Probate Process In Louisiana: 8 Things You Need To Know

What is Probate?

In Louisiana, probate is known as “succession.” It is the legal process of settling a deceased person’s estate, ensuring that debts are paid and assets are distributed according to the will or Louisiana’s intestacy laws if no will exists.

Where is Probate Handled in Louisiana?

Succession is handled by the District Court in the parish where the deceased resided at the time of death. Louisiana has 64 parishes, each with its own District Court that oversees succession matters.

Key Steps in the Probate Process in Louisiana

1. File the Will: The executor must file the will with the District Court. If there is no will, a family member or other interested party can apply to be appointed as the estate’s personal representative.
2. Inventory and Appraise the Estate: The personal representative must inventory the deceased’s assets, including real estate, bank accounts, and personal property, and provide a valuation to the court.
3. Notify Creditors: Creditors must be notified, and a notice must be published to inform any unknown creditors. Creditors have three months to file claims.
4. Pay Debts and Taxes: The estate is responsible for paying any outstanding debts and taxes, including final income taxes and federal estate taxes if applicable.
5. Distribute Assets: Once debts and taxes are paid, the remaining assets are distributed to the heirs or beneficiaries according to the will or Louisiana’s intestacy laws if no will exists.

When Is Probate Required in Louisiana?

Succession is required in Louisiana when the deceased owns assets solely in their name without a joint owner or beneficiary designation. Succession ensures these assets are legally transferred to heirs or beneficiaries.

Types of Probate in Louisiana

1. Simple Possession: For uncontested estates, heirs can take possession of the estate without full court supervision after all debts are paid.
2. Full Administration: Required for larger or more complex estates, or when disputes arise. This process involves full court oversight.
3. Small Estate Affidavit: For estates valued at $125,000 or less, this simplified process allows for assets to be transferred without formal succession.

Avoiding Probate in Louisiana

Certain assets in Louisiana can bypass succession, such as jointly owned property, payable-on-death accounts, life insurance policies with named beneficiaries, and assets held in a trust.

How Long Does Probate Take in Louisiana?

Succession in Louisiana can take six months to a year, depending on the complexity of the estate. Larger estates or those with disputes may take longer.

Common Terms in the Probate Process in Louisiana

• Intestate: Dying without a valid will.
• Letters of Administration: Court-issued documents that give the personal representative the authority to manage the estate.
• Personal Representative: The person responsible for administering the estate, also known as the executor or administrator.
• Succession: The legal process of probate in Louisiana.