Louisiana Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order

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State:
Louisiana
Control #:
LA-5518
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Word; 
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Description

Probate the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor or administrator named in the will, if necessary. In this example, the court finds the will to be self-authenticated, pursuant to Articles 2890 and 2891 of La. C.C.P. If the court determines the will is valid, the court then "admits" the will to probate.
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  • Preview Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order
  • Preview Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order
  • Preview Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order
  • Preview Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order
  • Preview Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order
  • Preview Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order
  • Preview Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order
  • Preview Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order
  • Preview Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order
  • Preview Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order
  • Preview Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order

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FAQ

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.

The statute of limitations for filing a claim against an estate is a strict one year from the date of the debtor's death (pursuant to California Code of Civil Procedure Section 366.2). This limitation period applies regardless of whether the judgment creditor knew the judgment debtor had died!

Technically, there is no time limit on opening a succession in Louisiana. It can be done months or even years after a person's death. However, it's recommended that the probate process be started soon as possible.

If all heirs agree and the property is easy to find; you could be looking at a rate of $1,250-$3,500 plus court costs. Court costs for Louisiana successions can range from $250 to $500 depending on parish. If any issues are apparent or litigation is necessary, the cost could easily go higher.

For simple successions, court costs can range from $300.00 to $600.00 depending on the parish where the succession will be filed. When an administration is needed for an estate, court costs will be higher depending on the filings necessary to complete the administration and can range from $1,500.00 up to $3,000.00.

By the time the executor takes inventory and creditors have an opportunity to submit claims, it will be at least six months. 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.

Court costs for Louisiana successions can range from $250 to $500 depending on parish. If any issues are apparent or litigation is necessary, the cost could easily go higher.

Is there a time limit for a claim against a deceased estate? Yes, there is. You have only 6 months from the date of the grant of probate to make a claim. In some very limited circumstances, an extension of this time frame may be granted.

A succession (probate) is required when there is no other method to transfer a deceased person's assets to their heirs.If someone who owns real estate in Louisiana dies while domiciled in another state, a succession will have to be opened to transfer the Louisiana property to the heirs.

Maximum $125,000 (CCP 3421 Small Successions Defined) Laws CCP 3432. Step 1 Write in the full name of the person who died. Step 2 Write in the State and County or Parish in which the decedent resided at the time of death. Step 3 Write in the names of the two people signing the petition.

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Louisiana Petition for Probate and Possession, Heirship or Descent Affidavit, Sworn Descriptive List, Judgment and Order