Louisiana Petition for Probate of Statutory Testament, Affidavit of Notary and Witnesses, Affidavit of Death and Heirship or Descent, Probate Order, Oath, Letters Testamentary
What is this form?
The Petition for Probate of Statutory Testament, along with accompanying affidavits and orders, is a legal document used to initiate the probate process of a deceased individual's statutory will in Louisiana. This form allows the designated executor or executrix to request the court to recognize the will and officially open the estate for administration. Unlike other forms of wills, the statutory testament follows a specific format recognized by Louisiana law, ensuring the estate can be settled according to the decedent's wishes.
Key parts of this document
- Personal information of the executor or executrix, including name and address.
- Details of the decedent, including date of death and domicile at death.
- Affidavits establishing death, domicile, and heirship.
- Petition requesting the court to admit the will to probate and appoint the executor.
- Orders from the court confirming the appointment of the executor and issuing Letters Testamentary.
- Oath taken by the executor confirming their commitment to administer the estate faithfully.
When to use this form
This form is essential when a deceased individual has left behind a statutory will, and their estate needs to be probated. You should use this form if you are the appointed executor or executrix and need to take legal action to settle the estate according to the decedent's instructions, which may include distributing assets, paying debts, and addressing any potential claims against the estate.
Who should use this form
This form is intended for:
- The executor or executrix named in the decedent's statutory will.
- Surviving spouses or heirs seeking to initiate the probate process.
- Family members or legal representatives of the decedent needing to administer the estate.
Instructions for completing this form
- Fill in the decedent's full name and their domicile at the time of death.
- Provide the name, address, and contact information of the executor or executrix.
- Attach the original statutory testament and related affidavits as required.
- Sign the verification section in the presence of a notary and other witnesses.
- Submit the completed form to the appropriate court for probate.
Is notarization required?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
Common mistakes
- Failing to include the original will or necessary affidavits.
- Not providing accurate information about the decedent's death or domicile.
- Missing signatures from the executor, notary, or witnesses on the verification section.
- Ignoring state-specific requirements that may affect the probate process.
Why use this form online
- Easy access to downloadable templates crafted by licensed attorneys.
- Editable fields allow you to tailor the document to your situation.
- Guidance on legal requirements ensures compliance with state laws.
- Time-saving convenience of completing forms from home without need for in-person notarization.
Legal requirements by state
This form complies with the probate laws of Louisiana. It follows the statutory requirements outlined in the Louisiana Code of Civil Procedure, ensuring proper filing and execution in the appropriate court.
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FAQ
To begin the probate process in Louisiana, you need to file a Louisiana Petition for Probate of Statutory Testament in the appropriate court. This petition will help establish the validity of the deceased's will and initiate the probate proceedings. Additionally, prepare necessary documentation such as the Affidavit of Notary and Witnesses, the Affidavit of Death and Heirship or Descent, and any required forms for the Probate Order. Utilize platforms like uslegalforms to access these documents easily and ensure you meet all legal requirements.
All beneficiaries named in a will are entitled to receive a copy of it so they can understand what they'll be receiving from the estate and when they'll be receiving it. 4feff If any beneficiary is a minor, his natural or legal guardian should be given a copy of the will on his behalf.
On average, most probates should be completed for under $5,000.00. Many attorneys charge by the hour. However, a flat fee can often be negotiated, which will fix attorney fees at an agreed price.
For an estate to be administered in accordance with the terms of the final Will of the deceased, the original Will is sent to the Probate Registry who will then issue a Grant of Probate to the executors.In all these cases you can apply to Probate to prove a Copy Will.
Does a Will Have to be Probated in Louisiana? A will must be probated in Louisiana to verify that it is valid. The will must be filed with the court in the parish where the deceased person lived before probate can begin. The job of the court is to ensure the wishes of the decedent are honored as stated in the will.
Instead, a copy of the will can only be submitted to the court instead of an original will if the person submitting it can prove: The testator made a properly executed will. The will must be legally valid in the state of Louisiana.
You cannot get a copy of a person's will before they die. For example your child is not entitled to inspect your will before you die. Exceptions to this may occur in very limited circumstances such as under a power of attorney where the donor has given their attorney specific written permission to see their will.
The first step in probating a will in Louisiana is to open a succession in the state district court in the parish where the deceased person resided at the time of his or her death. Next, a succession representative will be designated to oversee the administration of the estate.
Succession costs for smaller estates with cooperative heirs will typically range from $1,500.00 to $3,000.00. Succession costs for larger estates that require administration will typically range from $5,000.00 up to $15,000.00 depending on what needs to be done.
