Louisiana Probate Codes

Louisiana Probate Codes

Do you know the succession law?

Louisiana probate law differs from many other states. Louisiana refers to probate law as succession, and the procedure of a succession depends on the elements of individual probate cases. Whether you are confronting a probate dispute or planning an estate, it is important to be well-informed on Louisiana succession law. Ensure the legal procedures are carried through properly and per your wishes.

Find an Alternative to Court Proceedings

Probate litigation and succession court proceedings can become long and expensive ordeals. When handling an estate, it is important to explore all of the options available in order to determine which plan is most effective. Louisiana probate law provides several procedures that can help in avoiding the succession process.

Five alternatives to Louisiana succession include the following (transfers by affidavit):

  • Bank accounts: up to $10,000 to surviving spouse.
  • Motor vehicles: vehicle title for insurance purposes.
  • Small deposits: in absence of will, up to $5,000 to surviving spouse and heirs.
  • Small estate: property assets less than $75,000 in total.
  • Wages/benefits: up to $6,000 to surviving spouse.

If a transfer by affidavit or other measure cannot resolve an estate procedure, then succession court proceedings may be necessary to handle estate assets. Most Louisiana successions fall into one of two categories: Without Administration and With Full Administration. The situation of an individual case determines what type of succession proceeding might occur.

Without Administration Vs. With Full Administration

Succession With Full Administration is often more complex than a Succession Without Administration, and this could result in additional expenses in attorney and administration fees. To avoid formal administration and court proceedings, it is better to handle a succession through affidavit alternatives when possible and settle probate disputes outside of court. A skilled Baton Rouge probate attorney may be able to assist you in making necessary arrangements.

Succession Without Administration is the most common, and consists of the following:

  • No personal/succession representative required.
  • Available with and without a valid will/testament.
  • Ability to avoid formal administration.

Succession With Full Administration procedures consist of the following:

  • Succession representative appointed by court
  • Administers contests/challenges of will
  • Distributes estate through Tableau of Distribution

Guiding My Clients with Knowledge and Experience

A number of factors can affect the process of a Louisiana succession. While the law may not be as complicated as other states, problems can arise in probate procedures that slow the process down and create additional costs. Trust the legal guidance of an attorney with ovr 10 years of experience in probate law. I will fight to protect the quality of life for you and your loved ones. My skills and experience in Louisiana probate law may help you prepare for the next steps in your estate planning or succession proceeding.

Contact the Law Office of Wendra J. Moran today and secure your future!

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