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Wills & Successions Overview

In Louisiana, a "succession" refers to the handling of the estate of the deceased. To transfer ownership of property to heirs or persons named in a Will, the deceased's succession must be "opened" by filing the necessary pleadings and exhibits in the proper Court.

Thereafter, the succession is handled as necessary depending on various procedures that may apply as a result of the size of the estate, whether or not there was a valid Will that must be probated, and whether or not the estate is in debt, etc.

There are many factors and situations to be contemplated and it would be impossible to provide even an overview of all succession law here.

This area of law, however, can obviously be separated into before death and after death concerns.

Before death concerns include such things as drafting a Will, handling assets to reduce estate taxes, creating trusts if necessary, and making sure that the estate is structured properly such that when the person passes away, his or her loved ones are not left with a mess or unnecessary estate taxes to pay.

After death concerns include opening the succession, probating the Will if there is one, paying all debts and taxes of the estate, and then placing heirs into legal possession of the property so as to close the succession.