Succession Lawyer

In the grief of a loved one’s loss, the stress of settling their estate can be magnified. Dealing with an unfamiliar legal process can be challenging at the best of times; navigating those legal and administrative details when you are mourning is even harder.

Fortunately, you don’t have to navigate the process alone. A Louisiana succession lawyer (often called a probate lawyer in other states) can guide you through the legal process, answering your questions and making sure that every detail gets addressed. Aspen Estate Planning can’t take away your loss, but we can help you to have peace of mind that you have met your legal obligations and honored your loved one’s wishes. Contact Aspen Estate Planning to speak with a competent and compassionate Louisiana succession lawyer.

Understanding Louisiana Succession and Probate

In most states, the court process of settling a deceased person’s estate is called “probate.” In Louisiana, that entire legal process is referred to as a "succession." Instead, “probate” has a narrow and specific meaning: the validation of the last will and testament, if there is one.

Depending on the circumstances, there are different paths a Louisiana succession can take, with varying levels of court involvement. An attorney can help explain which process is available for your situation, and advise you at every step of the process.

Small Succession by Affidavit

This is generally the quickest and least expensive succession process, and it involves the least court involvement. In most cases, a small succession by affidavit can be completed without the executor of the estate ever setting foot in a courtroom.

However, small succession by affidavit is only available for estates with a gross value of $125,000 or less. As a practical matter, this usually means that the estate contains no real estate. (Small succession may also be used when the deceased person died more than 20 years ago, even if the estate assets exceed the $125,000 limit.)

The heirs of the estate must sign a document called an “Affidavit of Small Succession,” filed in the parish where the decedent lived. All heirs must be in agreement about the use of this process; if even one heir objects, small succession is not allowed.

Independent Administration

For estates in excess of $125,000, independent administration is often the preferred option. There is no asset limit on the estate in independent administration. There is some court involvement, but as the name suggests, the administrator has more freedom to perform tasks, like paying estate expenses, without having to ask the court’s permission.

In order to settle an estate this way, the decedent must have a will that explicitly states that they want their estate administered by independent administration. If there is no will, or the will doesn’t mention independent administration, the heirs of the estate can unanimously petition for an independent administration.

Independent administration involves more time and expense than small succession, but less than full administration.

Full Administration

Full administration involves heavy court oversight, with the court needing to approve decisions such as paying estate expenses and selling estate assets. Full administration is appropriate when succession is complicated, for example, when the estate is insolvent or heirs are in conflict.

The downside of full administration is that the need to seek court approval for the administrator’s actions extends the process and raises the expense. The benefit is that the court’s intensive involvement ensures fairness for all parties, as everything must be done “by the book.” For some families, that assurance is worth the added time and expense.

The Aspen Estate Planning Difference

The first step to successfully settling an estate is usually finding a lawyer to help you choose the right type of succession and get the process started. Even taking that step can feel overwhelming when you’re grieving.

Aspen Estate Planning was established to help people through some of the most challenging times in their lives, including the succession of a loved one’s estate. Our goal is to put you at ease and to make the process comfortable, collaborative, and convenient. We will listen to your concerns, answer your questions, and help you find a path forward that is right for you and your family.

You have enough to deal with after a loved one’s passing; working with your lawyer shouldn’t add more to your to-do list. We will meet you where you are, at your location or by videoconference if you prefer, so you can focus on your family’s needs, instead of having to make trips to a lawyer’s office during this difficult time.