PROBATE & ESTATE ADMINISTRATION

It is important to know about probate procedure in Louisiana as significant time and expense can be avoided if the Will provides for Independent Administration;  the succession qualifies as a small succession; or the succession  can be handled by Affidavit without court proceedings. If an estate requires administration, a succession representative (Executor named in the Will or an Administrator if there is no Will) will be appointed by the court as the first step. Not all successions require administration, even when an Executor is named. The succession representative is given certain powers and duties.

Heirs, creditors, and the general public may be notified of the decedent’s death. The court will also direct the estate’s representative to make an inventory of all properties of the estate. In addition, he or she is given the task of collecting any amounts due to the estate, as well as paying debts the decedent left behind. Some of these actions may require the succession representative to obtain court approval.

After all debts, taxes, and other obligations are met, the court may order the distribution of the property of the estate to the legatees name in the Will or the legal heirs when there is no Will.

Probate proceedings are handled by parish district courts and are subject to state laws based on the location and nature of the property.

Our experienced attorneys can oversee the process by which your estate is administered after your death.