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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.
If a person dies without a valid Last Will and Testament in Louisiana, he or she is said to have died intestate. His or her estate will be handled by intestate succession. This means that the deceased person's assets will be distributed under Louisiana intestate law.
An heir is a person who is legally entitled to collect an inheritance, when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants or other close relatives of the decedent.
In others, they can direct that a portion of their estate can pass outside of the forced heirship rules as long as a portion is left to protected heirs. Forced heirship can be avoided in some countries by establishing trusts or foreign corporations to own property.
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.
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.
In Louisiana, your children are forced heirs if, at the time of your death, they have not attained age 24. Children of any age, who because of mental incapacity or physical infirmity, are permanently incapable of taking care of their person or administering their estate at the time of your death are also forced heirs.