Louisiana laws are very different from any other state. Louisiana has very strict laws that control where property goes after someone dies. If you have any questions about what may happen to your property, schedule an appointment with us today.
Succession is the process of settling a deceased person’s estate and distributing the property after debts are paid. This process is called probate in other states. Succession is also used to refer to the estate a person leaves behind at death.
When a person dies with a last will and testament, then they have a testate succession, with a person inheriting being called a legatee. The property in a testate succession is transferred to the legatees by filing the original testament with the court in a process called probate asking the court to recognize the validity of the testament. Once the testament is probated, the legatees then file pleadings with the court to be placed in possession of the decedent’s property in accordance with provision of the testament.
When a person dies without a will or the will is deemed invalid under Louisiana law, then an intestate succession occurs, and intestate succession inheritance is referred to as passing the property to an heir. Heirs are placed in possession of the property by asking the court for recognition as the decedent’s legal heir who is entitled to inherit the property.