What is a Succession?
In Louisiana, a Succession is the process of settling a deceased person’s estate and distributing the property after debts are repaid. This process is called ‘Probate’ in other states. There are two main forms of Louisiana Successions: Administered and Unadministered. This post and infographic (at the end of the blog) take a closer look at these two types of Louisiana Successions from start to finish.
If you have questions about probate, contact the Grand Law Firm online or call (504) 608-5208 for a free consultation.
Administered Succession is the most complex form of Succession in Louisiana. In an Administered Succession, the court will appoint a representative (known as an executor) who is responsible for resolving all outstanding issues with the decedent’s estate as well as fully administering the estate once all issues are resolved. This form of Succession is only necessary if an Unadministered Succession is unavailable.
Administered Successions are usually required in the following circumstances:
- If there is a question regarding the validity of the decedent’s Last Will & Testament
- The decedent’s heirs are unclear or cannot be located
- It is unclear which heir is entitled to what property held in the estate
- The solvency of the estate is questionable
- The estate is not solvent and assets must be sold within the succession process in order to cover debts owed to creditors
- A forced heir claims that he or she has not received the assets to which, he or she is entitled by law
- Any significant disputes regarding the estate arise
Tableau of Distribution
Once all issues with the estate are resolved, the executor of the estate prepares a Tableau of Distribution and presents it to the court. If all involved parties agree to the conditions of the Tableau of Distribution the judge will approve it and order the estate’s assets to be distributed accordingly.
Unadministered Succession is the most common form of Succession in Louisiana, and is often referred to as a “Simple Putting in Possession Succession”. In an Unadministered Succession, no executor is necessary to settle the decedent’s estate.
There are two types of Unadministered Successions: Testate Unadministered Successions and Intestate Unadministered Successions.
Testate Unadministered Successions
This form of Unadministered Succession is only an option when the estate in question is governed by a Will. A Testate Unadministered Succession can be utilized only if all of the following conditions must be met:
- All legatees (heirs named in the Will) are competent or represented by a competent party
- All legatees accept the Succession unconditionally
- None of the estate’s creditors have requested court administration
Intestate Unadministered Successions
This form of Unadministered Succession is only an option when the estate in question is not governed by a Will. An Intestate Unadministered Succession can only be utilized if all of the following conditions are met:
- The estate must be “relatively free of debt;” meaning that the majority of the debt owed by the estate is related to its administration or is otherwise negligible in comparison to the assets held by the estate.
- All parties involved in the estate must agree to an Unadministered Succession.
Have a complex probate matter? Reach out to the probate attorneys at Grand Law Firm at (504) 608-5208.