Louisiana Will Testament Without Probate

State:
Louisiana
Control #:
LA-5381
Format:
Word; 
Rich Text
Instant download

Description

The Louisiana will testament without probate is a legal document that allows individuals to outline their last wishes regarding the distribution of assets after death, specifically designed to avoid the probate process. This form enables a testatrix, or female testator, to designate heirs and manage debts upon her passing while ensuring the preservation of family homes through usufruct provisions for surviving spouses. Key features include the appointment of an executrix to oversee the execution of the will without the need for a bond, and explicit declarations of love and care for family members, reinforcing emotional connections. Filling instructions emphasize clarity and legality, requiring the testatrix to sign and date the document in front of witnesses and a notary public. Attorneys, partners, owners, associates, paralegals, and legal assistants can use this form to facilitate estate planning for clients who seek to streamline asset distribution and eliminate probate complications. It serves as a reliable tool for managing personal affairs effectively, ensuring that the testatrix’s wishes are honored while minimizing legal hurdles following death.
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FAQ

While this usually makes the will probate process a little more difficult and costly, a handwritten will can be valid in Louisiana. Although you can write your own will, the Louisiana Civil Code is often confusing in this area.

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).

In Louisiana, a Petition for Probate of Testament must be filed with the court to request the recognition of the will as valid. If the will is ?notarial,? i.e., executed under Louisiana law pertaining to wills and not handwritten, it is self-proven and, therefore, valid.

Ing to Louisiana inheritance laws, if you die with a will and the estate has a value greater than $125,000, surviving spouses and children must undergo probate. The Louisiana probate process ensures heirs receive their shares of the estate as intended by the decedent ? the person who has died.

If you own real estate located in another state, a revocable trust can help avoid an ancillary probate proceeding in that state. Likewise if you own real estate in Louisiana and move to another state, placing the Louisiana real estate in a revocable trust can avoid going through probate in Louisiana.

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Louisiana Will Testament Without Probate