How to File a Small Succession in Louisiana
Filing a small succession in Louisiana can be a complex process, but with the right guidance, it can be manageable. A succession is the legal process of transferring the property of a deceased person to their heirs. In Louisiana, this process is governed by the state’s laws and regulations. This article will provide a step-by-step guide on how to file a small succession in Louisiana.
Step 1: Determine if You Need to File a Succession
Before you begin the process of filing a succession, you need to determine if it is necessary. A small succession is typically one that involves property valued at less than $75,000, excluding real estate. If the estate meets this criteria, you may file a small succession. If the estate is valued at more than $75,000 or includes real estate, you will need to file a full succession.
Step 2: Gather Required Documents
To file a small succession in Louisiana, you will need to gather several documents. These include:
– Death certificate: This is proof of the deceased person’s death and is required for all succession filings.
– Last will and testament: If the deceased had a will, it must be submitted with the succession papers.
– Affidavit of Heirship: This document identifies the heirs of the deceased and is required for all succession filings.
– Inventory of the estate: This lists all the property owned by the deceased and its value.
– Receipts and bills: These documents help to determine the value of the estate.
Step 3: File the Petition
Once you have gathered all the necessary documents, you will need to file a petition with the court. The petition should include the following information:
– The name and address of the deceased person.
– The names and addresses of the heirs.
– A description of the property involved in the succession.
– The value of the estate.
You can file the petition in the parish where the deceased person resided at the time of death. The court will review the petition and, if everything is in order, will issue a judgment of succession.
Step 4: Probate the Estate
After the judgment of succession is issued, you will need to probate the estate. This involves collecting the property, paying off debts, and distributing the remaining assets to the heirs. You may need to hire an attorney or a professional administrator to help with this process.
Step 5: Finalize the Succession
Once the estate has been probated and all debts have been paid, you can finalize the succession. This involves distributing the remaining assets to the heirs according to the judgment of succession. Once this is done, the succession is complete.
Filing a small succession in Louisiana can be a challenging process, but with careful planning and attention to detail, it can be successfully completed. By following these steps and seeking legal advice when necessary, you can ensure that the succession process goes smoothly.
