Successions

We understand that navigating the legalities surrounding a loved one’s passing can be a stressful and confusing time.

Myles|Arnold is your trusted partner for successions in Louisiana. Our dedicated team of legal experts is committed to helping individuals and families navigate the complexities of the probate process. We approach each succession matter with cost and efficiency in mind striving to efficient to provide our clients with stress-free outcomes.

Myles Law Firm - Wills, Trusts, & Power of Attorney - Successions

Benefits of Planning Ahead

What Steps Are There in the Louisiana Succession Process?

What is a Succession?

A succession, also known as probate in other states, is the legal process of administering a deceased person’s estate and placing the proper heirs in possession of estate assets. This includes identifying and collecting assets, settling debts, and distributing remaining property to beneficiaries according to a will or Louisiana’s intestate laws.

When Is A Succession Required In Louisiana?

A succession is generally required in Louisiana unless all of the deceased’s assets can be easily transferred through other methods, such as beneficiary designations on retirement accounts or through living trusts.  For certain small estates having a gross value of $125,000.00 or less, this process can be as simple as executing an affidavit at our office.  Otherwise, a succession requires court proceedings.

Is a Succession Different from “Probate?”

Louisiana calls the probate process “succession” due to its civil law roots. Louisiana procedure dictates how each succession is handled. While the core goals of settling an estate remain the same, the terminology and specific steps involved in succession can differ from probate in other states. Understanding this unique legal heritage is crucial when navigating estate administration in Louisiana.

The Louisiana succession process generally involves these steps:

  • Filing a Petition: We will file an initial petition with the court to begin the succession process.
  • Appointing an Administrator: If necessary, the court will appoint a succession representative, often called an administrator or executor, to oversee the estate. We will work closely with this appointed individual.
  • Inventorying Assets and Debts: We will work together to inventory all assets and debts belonging to the estate. This includes identifying and valuing everything the deceased owned at their death.
  • Selling Assets (if necessary): If necessary, we can assist in the disposition of assets to pay any outstanding debts and estate expenses.
  • Distributing Assets: After settling all debts and expenses, we can assist in distributing the remaining assets to the legatees/heirs in accordance with either the provisions of the will or the applicable laws of Louisiana.
Our Succession Services
  • Estate Administration: We handle all aspects of estate administration, including:
    • Identifying and inventorying assets
    • Locating and notifying heirs/legatees
    • Paying creditors
    • Distributing assets according to the will or Louisiana law
  • Will Contests: If a will is challenged, or you desire to challenge a will, we can represent your interests in court.
  • Heirship Determinations: We can help determine legal heirs if there is no will or the will is unclear.
  • Planning: We recommend consulting with us for estate planning to ensure your wishes are carried out smoothly after your passing.

Planning ahead offers numerous advantages, providing peace of mind and ensuring that your wishes are carried out according to your desires. At Myles|Arnold, we understand the importance of proactive planning, and we are here to help you navigate the complexities of estate planning in Louisiana which can:

  • Minimize Conflict: Proper estate planning reduces the risk of disputes among heirs.
  • Reduce Costs: Proper estate planning can help streamline the succession process, saving time and money.
  • Peace of Mind: Knowing your affairs are in order provides peace of mind for you and your loved ones.

Contact Us Today

Schedule a consultation with our attorneys today. We will discuss your specific situation and guide you through the succession process with empathy and expertise.