Understanding Probate & Estate Planning

When a loved one dies, their estate must be collected, debts and taxes must be paid, and the estate must be distributed according to the decedent’s will or state law. During a succession, all assets must be transferred to the deceased’s heirs. According to Louisiana law, when a person dies, their assets are immediately moved to the beneficiaries; however, proof must be provided to the court that states the beneficiaries are the legal owners of the estate’s assets.

If you are looking to speak with a lawyer regarding probate, estate planning or a succession, contact a trusted New Orleans succession lawyer from Rotharmel Shanks, LLC.

Testate & Intestate Successions

There are two types of successions that are recognized in the state of Louisiana:

  • Testate – An estate is testate if the deceased person left a will. A person who inherits under a will is called a legatee. The property in a testate succession is transferred to the legatees by a process called probate, which is merely the court recognizing the validity of the will. Once the will is probated, the legatees petition to the court to be put in possession of the succession property in accordance with the directives of the will.
  • Intestate – An estate is intestate if the decedent did not leave a valid will. A person who inherits under the law of intestate successions is referred to as an heir. Heirs are placed in possession with the property of the estate by petitioning the court to be placed in possession. Successions can further be categorized as those that are placed under the authority of a court approved administrator and those for which no administration is necessary.

Schedule a Consultation with Rotharmel Shanks, LLC

A simple succession is when all succession documents are filed at one time, allowing the succession process to open and close in the same day. Not all successions are complex or costly. The New Orleans probate lawyer at Rotharmel Shanks, LLC can complete the estate and put heirs into possession of their inheritance at minimal cost. To qualify as a simple succession, the estate must be relatively debt free and all heirs must accept the estate.

Need more information on successions? Contact a New Orleans succession attorney for consultation at (504) 509-5000.

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