Louisiana Succession Explained – What Heirs Need to Know
Understanding Succession in Louisiana
In most states, when someone passes away, their property goes through probate.
But in Louisiana, we call this process a succession – and it follows our unique civil-law system, not the common law used in the rest of the U.S.
At Field Law, Attorney Morgan Field helps Baton Rouge families handle both simple and complex successions. Whether there’s a will or not, we’ll guide you step-by-step so you can settle your loved one’s affairs efficiently and correctly.
What Is a Succession?
A succession is the legal process of transferring a deceased person’s property to their heirs or legatees.
The process typically includes:
- Determining whether a valid will exists (testate vs. intestate).
- Identifying heirs and the property they inherit.
- Appointing an executor (“administrator”).
- Paying debts and taxes.
- Distributing remaining assets to heirs.
You can read more about the official legal definition in Louisiana Civil Code Article 871 et seq. on the [Louisiana Legislature’s website] (https://www.legis.la.gov/legis/Law.aspx?p=y&d=111021).
Testate vs. Intestate Succession
Testate Succession: The deceased left a will naming who inherits and appointing an executor.
Intestate Succession: No will exists. Louisiana law determines who inherits, following a strict order of heirs see the Louisiana Civil Code, Article 880–901
Attorney Morgan Field often helps families with intestate successions to ensure assets transfer properly and the right documents get recorded.
Step-by-Step Overview of the Louisiana Succession Process
- Collect essential documents – the will, death certificate, list of assets and debts.
- Hire an attorney. Louisiana succession law is complex; working with a local firm like Field Law saves time and reduces risk.
- File petition for possession or for administration in district court where the decedent lived.
- Inventory the estate – real estate, bank accounts, vehicles, investments.
- Settle debts and taxes. For federal estate tax thresholds, see the IRS Estate Tax Page.
- Distribute remaining assets to heirs.
Most uncontested successions in Louisiana take between 3 and 6 months.
Common Questions
Do all estates need a succession?
Not always. If property was held as payable on death or if the estate is very small (under $125,000 and no real estate), you may qualify for a small succession affidavit see Louisiana Civil Code Article 3421 et seq..
Can you handle a succession from out of state?
Yes. Attorney Morgan Field regularly helps out-of-state heirs through remote online notarization and electronic filings.
What if heirs disagree?
Contested successions require court hearings. Having a skilled succession lawyer in Baton Rouge protects your rights and keeps things civil.
Planning Ahead Matters
A succession can be simpler when a will and estate plan are already in place. Visit AARP’s 8 Common Estate Planning Mistakes for general tips – then contact Field Law for personalized Louisiana advice.
Contact Field Law in Baton Rouge
If you’ve recently lost a loved one and need guidance on the Louisiana succession process, reach out to Field Law. Attorney Morgan Field provides clear, compassionate guidance for families throughout Baton Rouge and surrounding parishes.
Call or visit FieldLawLLC.com/contact to schedule a consultation.
