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, domiciled in Parish, Louisiana, and , domiciled in Parish, State of Louisiana, respectfully represents: l. died in Parish on the day of , 20 . He was domiciled in Parish on the date of his death, as will appear from the attached Affidavit of Death, Domicile and Heirship. 2. The decedent left a testament, an original of which is attached to this petition, executed before , Notary Public, on.
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FAQ
Generally, a decedent's estate goes through succession or probate in Louisiana if the estate is worth $125,000 or more, regardless of whether the decedent died with a will (testate) or without a will (intestate). The value of the estate is different from the value of the decedent's assets.
Once the succession has gone through Louisiana estate administration (if required), the Louisiana succession attorney will prepare a Petition for Possession and other documents needed to close the succession. The attorney then presents these documents to the court and obtains a Judgment of Possession.
With a judgment of possession, property can be re-deeded, motor vehicles can be re-titled, and money can be withdrawn from bank accounts without the signature of the deceased legal owner. The judgment of possession will: Identify the spouse, heirs, and legatees who are entitled to the decedent's assets.
In Louisiana, probate is known as succession. A succession legally transfers property ownership from the person who died (the decedent) to the person who will own the property next (the heirs). However, succession isn't always required.
ing to this section of Louisiana law, you are only obligated to pay debts from the property that you inherit as that property is valued at the time of receipt. You do not have to use your other assets, earnings, or inheritances to pay succession debts.
Louisiana probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
Expect succession to take from six months to a year before the final assets may be distributed to the heirs. In complicated situations, that timeline may be extended to several years.
Related content
Louisiana Laws - Louisiana State Legislature
A. The petitioner shall submit with his petition evidence of the death of the decedent...
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