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The Louisiana Succession Process — How Probate Works In Louisiana
Navigating the succession process after the loss of a loved one can be overwhelming, but with the guidance of an experienced attorney, it becomes more manageable. At Ciolino & Onstott, we help you understand the terms of the will, secure assets, handle debts, and complete the legal steps necessary to distribute inheritances. Our goal is to make the process as smooth and efficient as possible, giving you peace of mind during a challenging time.
1. Initial Consult with Your Attorney
If your loved one has a will, we will review it with you and explain its terms. In addition to directing who will receive their property, your loved one may have left other important instructions and information, such as burial wishes, and who should be their legal representative for handling their affairs. If your loved one does not have a will, then we will explain how your loved one’s estate will be handled under Louisiana’s intestate succession laws. We will also go over any information you have about the deceased’s assets and debts, and make a plan to complete the succession process as quickly and easily as possible.
2. Investigate and Secure Assets
After our meeting, we will want to inform banks and financial institutions of your spouse’s passing. You may need to update account ownership, close accounts, or retitle assets. Many of these tasks may not be possible until the succession is opened in the court, but it is still important to contact these institutions to protect the accounts from unauthorized withdrawals and confirm the existence of these assets for later. You should also understand that in Louisiana, unlike most states, joint accounts generally do not pass to the surviving account holder automatically, so joint account holders should not be using the funds in the account until the succession process is properly completed. We will also work with you to investigate if your loved one left any other assets, and take appropriate steps to protect them until the succession process is complete.
3. Handle Debts and Creditors
We will then investigate debts, notify creditors of your spouse’s death, and work with them to settle any outstanding debt. This might involve paying off loans, negotiating payment plans, or liquidating the deceased’s assets to pay the debt. We will provide guidance to you and your family on managing these obligations to protect your financial health.
4. Complete the Necessary Legal Processes
We will then file necessary pleadings to open, administer, and close the succession. At the end of the succession, the deceased’s affairs will be wound up, and judgments proving you and other heirs’ ownership of their inheritance will be issued. The particulars of this process vary widely from case to case, and can be extremely complicated. As your attorneys, it is our job to find these answers and help your family navigate the process, so you do not have to worry about it!
5. Put the Heirs Into Possession
When the steps above are complete, you will be ready to take possession of your own inheritance along with your loved one’s other’ heirs. We know that waiting on an inheritance can cause significant stress, so we strive to distribute inheritances as soon as possible; however it is impossible to give a timeline on when this will be done. In some cases, this can be within weeks of your initial consult, and in others it may take many months. Sometimes, certain heirs can be given their inheritances early in the process while others must wait much longer. Your attorney can usually advise you about what timeline to expect at your initial meeting. The goal is to take as much time as needed to complete the process properly, but no more!
6. Update Estate Documents
Finally, if you have an estate plan, especially if it was a joint plan with your spouse, now is the time to update your will, powers of attorney, and other relevant documents. If you do not have an estate plan, this is a very good time to have one done. Your recent experience with the succession process will give you important insight into how you would like your own affairs handled. It is important to take advantage of this experience and create a plan while this experience is fresh in your mind. We are happy to talk to you about these options as well.
Final Thoughts
The succession process can be very complicated and time-consuming, but with proper planning and assistance from qualified professionals, like the attorneys at Ciolino & Onstott, you can get to the finish line as quickly and painlessly as possible.
FAQs
The Louisiana succession process is the legal procedure for transferring a deceased person's assets to their heirs. It involves filing a petition with the district court of the parish where the deceased lived or where their property is located, identifying heirs and assets, paying outstanding debts and applicable taxes, and obtaining a Judgment of Possession — the final court order that formally recognizes the transfer of legal ownership of the estate's property to the rightful heirs. Louisiana's succession process is governed by civil law principles unique to the state, which differ significantly from the probate processes in common-law states.
Louisiana succession costs vary based on the size and complexity of the estate, the number of heirs, whether real estate is involved, and whether the matter is contested. Court filing costs typically run a few hundred dollars. Attorney fees vary by complexity and are quoted transparently before work begins. Ciolino & Onstott offers a free 15-minute initial consultation to discuss your estate's circumstances and provide a clear sense of expected fees, costs and timeline.
Intestate succession is the legal process used when someone dies without a valid will in Louisiana. These laws are complicated, and depend on a number of factors. In the most basic case, Louisiana law establishes a specific order of inheritance: descendants, children and grandchildren, inherit first; then siblings and parents; then more distant relatives. However, there are special rules for property owned through a marriage (community property), and when families are dealing with multiple deaths. Because Louisiana's intestate rules follow civil law principles, they differ from the default inheritance rules in most other states, and in some cases may seem complex and difficult to navigate without legal assistance. If you are dealing with a loved one who passed in Louisiana without a will, you should consult a Louisiana attorney as soon as possible for advice on this matter.
Yes, the succession is the legal process of transferring ownership of a decedent's property to their heirs, and must happen any time anyone passes away. However, not all successions require you to go to court. Estates with very limited assets, assets held entirely in trusts, or when the inheritance is only assets with named beneficiaries such as life insurance or retirement accounts with designated heirs, may avoid the judicial succession process. However, real estate and other titled assets that pass through the estate — rather than through beneficiary designations or trusts — generally do require a succession at court to legally transfer ownership. A Louisiana succession attorney can review the specific assets involved and advise whether a formal succession is necessary.
Yes. Louisiana successions and probate are a primary practice area at Ciolino & Onstott. The firm handles both testate successions (where a will exists) and intestate successions (where no valid will exists), from initial petition filing through Judgment of Possession, for estates of varying complexity throughout New Orleans and Louisiana. Contact the firm at 318 Harrison Avenue, Lakeview, or through the website to schedule a free initial consultation.
This varies depending on the specific succession process. Small, simple successions, which do not require you to go to court, can be done in a day or two. Successions that require court proceedings take a bit longer. Unadministered (simple) successions are usually completed within a few weeks of filing; however administered successions typically take three to six months, or more, from filing to Judgment of Possession, depending on the complexity of the estate, the number of heirs, and court scheduling in the relevant parish. Contested successions, those involving missing or unknown heirs, out-of-state property, business interests, or complex asset structures can take a year or more. Working with an experienced Louisiana succession attorney helps ensure filings are complete and accurate, which reduces delays.
To open a succession in Louisiana, you file a petition in the district court of the parish where the deceased was domiciled when they passed, or where their property is located if they lived outside Louisiana or if the succession is primarily concerned with specific property in that parish. The petition is filed along with the will (if one exists), an Affidavit of Death, Domicile, and Heirship, and a sworn descriptive list of the estate's assets and liabilities. It is also typical to submit a request to appoint a succession representative to manage the estate with the petition, if the succession requires administration. Most people work with a Louisiana succession attorney to prepare and file the required documents correctly, identify all heirs, and navigate the process through to the Judgment of Possession.
A Judgment of Possession is the final court order in a Louisiana succession proceeding. It is signed by a district court judge and officially recognizes the heirs of the deceased as the legal owners of the estate's property — including real estate, bank accounts, vehicles, business interests, and other assets. Until a Judgment of Possession is issued, heirs typically cannot transfer or sell inherited property, access financial accounts, or take legal title to estate assets.
Ciolino & Onstott is a New Orleans succession law firm founded in 2015 with offices in Lakeview at 318 Harrison Avenue. The firm handles Louisiana successions and probate, estate planning, real estate transfers as part of successions, and related matters. Max Ciolino, a co-founder, has been recognized as a Super Lawyers Rising Star for Estate Planning and Probate from 2021 through 2026. The firm offers free 15-minute consultations and direct attorney access for every client matter.