New Orleans Succession (Probate) Lawyer

Succession

In Louisiana, “succession” is the legal process by which property (real and personal) of a deceased person (decedent) is transferred to his or her heirs or legatees (people named in the will). This process is often referred to as “probate” in other states, but Louisiana law uses the term”succession”. There are two main types of successions in Louisiana:

1. Testate Succession: This occurs when the decedent left a valid will. The property is distributed according to the terms of the will.
2. Intestate Succession: This occurs when the decedent did not leave a will, or if the will is invalid. In this case, the property is distributed according to Louisiana’s laws of intestacy.

The succession process in Louisiana involves several steps, including opening the succession, administering the estate, paying any debts or taxes, and distributing the remaining property to the heirs or legatees.

The role of an attorney, especially in the context of succession or probate, can be quite broad and multifaceted. Some of the key responsibilities include:

• Advice and Guidance: The attorney provides legal advice to the executor or administratorof the estate on various matters including their duties, rights, and obligations under the law.
• Document Preparation and Filing: The attorney helps prepare and file necessary court documents to open and close the succession. This might include a petition to open succession, an inventory of assets, accounting of debts, and a plan of distribution.
• Representation in Court: If necessary, the attorney can represent the estate in court, for example, in contested matters or disputes among heirs or creditors.
• Estate Administration: The attorney assists with the administration of the estate. This includes identifying and gathering assets, paying off debts and taxes, and distributing the remaining assets according to the will or the law.
• Assistance with Tax Matters: Some attorneys may also help with filing the decedent’s final income tax return and any required estate tax returns.
• Resolution of Disputes: If disputes arise among heirs or legatees, the attorney can help mediate or, if necessary, litigate the dispute.

Representation of Executor (Succession Representative)

As a lawyer representing an executor in a Louisiana succession, the lawyer’s duties would typically include: 

• Drafting and Filing Documents: You would draft and file the necessary court documents to open the succession, including a petition for probate and letters testamentary if the decedent left a will. 

• Inventory of Assets: You would assist the executor in identifying and valuing the decedent’s assets. This may involve hiring appraisers or other professionals. 

• Debts and Taxes: You would counsel the executor on how to handle the decedent’s debts and taxes, including any inheritance or estate taxes that may be due. 

• Legal Advice: You would provide legal advice to the executor on various matters, such as how to deal with claims against the estate and how to distribute assets to the heirs or legatees. 

• Litigation: If there are disputes over the will or the estate, you may need to represent the executor in court. 

• Closing the Succession: Finally, you would help the executor close the succession, which may involve preparing a final accounting and distribution plan, obtaining receipts from the heirs or legatees, and filing the necessary court documents.

Representation of Heirs(Legatees)

In Louisiana, a lawyer representing an heir in a succession proceeding can perform several functions: 

• Advice and Guidance: The lawyer can provide valuable advice and guidance to the heir about their rights and responsibilities under Louisiana law. They can help explain the succession process, how assets and debts are generally handled, and what to expect in terms of timelines and potential obstacles. 

• Filing and Paperwork: The lawyer can help prepare, file, and manage all necessary paperwork for the succession proceeding. This typically includes the petition to open the succession, an inventory of the decedent’s assets and debts, and a plan of distribution. 

• Representation in Court: If any disputes or complications arise during the succession proceeding, the lawyer can represent the heir in court. This could involve arguing motions, negotiating settlements, or even representing the heir at trial if necessary. 

• Administration of the Estate: In some cases, the lawyer might also serve as the executor or administrator of the estate, managing the decedent’s assets, paying off any debts, and distributing the remaining assets to the heirs according to the succession plan. 

• Tax Guidance: The lawyer can guide the heir on potential tax obligations associated with inheriting assets. They can help understand the state and federal tax implications and potentially help with estate tax returns. 

• Dispute Resolution: If there are disputes among heirs, the lawyer can act as a mediator or represent the heir in a litigation, if required. 

Independent Administration

In Louisiana, independent administration is a type of probate administration that allows the executor (also known as the administrator or personal representative) to take many actions without having to get court approval for each one. It’s intended to simplify and speed up the probate process. 

A will can provide for independent administration, or if there isn’t a testament, the heirs can agree to it. If the testament doesn’t provide for independent administration and the heirs don’t agree to it, then the estate will be administered in the ordinary manner, which requires more court involvement. 

Under independent administration, the executor can take many actions such as selling property, paying debts, and distributing assets to heirs without court approval. However, the executor still has a duty to the heirs and legatees to administer the estate prudently and in their best interest. If the executor fails in this duty, they can be held liable. 

The attorneys at The Sunseri Law Firm, LLC strives to “Make The Complex Understandable”. If you have any questions, contact The Sunseri Law Firm, LLC today to schedule a consultation.