Navigating Unique Civil Laws So Your Family Doesn’t Have to Fight the State
When a loved one passes away, the last thing you want is a legal battle with the state. In Louisiana, the process of settling an estate is called Succession. Because our legal system is rooted in the Napoleonic Code, our probate laws are different from every other state in the country.
Without a clear plan, Louisiana’s succession laws can override a person’s wishes, create massive court delays, and spark family conflict. At Smith & Bloom, we provide families with the clarity and efficiency needed to navigate the Orleans Parish and Jefferson Parish court systems with minimal stress.
What Is a Succession in Louisiana?
Succession is the legal procedure used to transfer a deceased person’s assets to their heirs or beneficiaries. This includes identifying assets, paying debts and taxes, and obtaining a Judgment of Possession from the court to legally change titles on real estate and accounts.
Why Louisiana Law is Unique
- Forced Heirship: Louisiana law protects “forced heirs”—typically children under 24 or those with disabilities—by guaranteeing them a portion of the estate (the legitime), regardless of what the will says.
- Usufruct Rights: Surviving spouses are often granted the right to use property (usufruct) while the children hold the actual title (naked ownership).
- Community Property: As a community property state, only the deceased spouse’s 50% share of marital assets typically goes through the succession process.
Types of Succession Proceedings
We help families choose the most efficient path based on the estate’s size and complexity:
1. Small Succession (Affidavit Process)
If an estate is valued under $125,000, we may be able to use a simplified “Small Succession Affidavit.” This avoids lengthy court hearings and is the most cost-effective way to transfer property.
2. Testate Succession (With a Will)
If there is a valid Last Will and Testament, we file it with the court to appoint an executor. We often push for Independent Administration, which allows the executor to manage the estate without asking the judge for permission at every step, saving months of time.
3. Intestate Succession (Without a Will)
When someone dies without a will, Louisiana’s Intestacy Laws determine who inherits.
The Step-by-Step Succession Process
Navigating a succession typically takes 6 to 12 months. Our team handles the heavy lifting:
- Initial Filing: We file the petition in the parish where the deceased lived.
- Appointment: The court appoints a Succession Representative (Executor).
- Inventory: We identify all “immovable property” (real estate) and movable assets.
- Notice to Creditors: We handle mandatory legal notices to ensure all debts are settled.
- Judgment of Possession: We obtain the final court order that officially transfers ownership to the heirs.
Common Challenges We Solve
- Forced Heirship Claims: Defending or enforcing the “forced portion” of an estate.
- Title Issues: Resolving “clouded titles” on family homes so they can be sold or insured.
- Will Contests: Handling disputes over handwritten (Olographic) wills or unclear language.
- Out-of-State Heirs: Coordinating successions for families living outside of Louisiana who have inherited New Orleans property.
Why Families Trust Smith & Bloom
Located directly across from Tulane & Broad, we are in the heart of the New Orleans legal district. We handle successions in Orleans, Jefferson, St. Tammany, and Lafourche Parishes.
- Civil Law Experts: We understand the nuances of the Louisiana Civil Code.
- Transparent Pricing: We provide clear expectations on court costs and legal fees.
- Efficiency: We focus on getting the Judgment of Possession as quickly as possible so you can move forward.
Protect Your Family from Court Delays
Whether you need to open a succession for a loved one or want to draft a Living Trust to avoid probate entirely, our team is ready to help.
Call Smith & Bloom today for a consultation. 📞 504-949-5324 📧 Email: info@gocrestlaw.com 📍 2735 Tulane Ave, New Orleans, LA 70119
