Louisiana ancillary successions are required when a person who lives outside of Louisiana dies while owning real estate in Louisiana. While the “home state” court will have jurisdiction over the probate proceeding of the deceased, only courts in Louisiana can have jurisdiction over property left in this state.
The Louisiana ancillary succession is the procedure that’s used to handle the deceased non-resident’s assets located in Louisiana. You may have heard the terms “ancillary succession” and “ancillary probate” while researching – they are the same.
Which Parish Do You Open the Ancillary Succession?
Louisiana ancillary successions are filed in the parish where the decedent owned real estate. If there was no real estate, then you will file in the parish where other assets such as bank accounts and other moveables were owned.
What’s the Difference Between Regular Successions and Ancillary Successions?
While the procedures for both types of successions are similar, there are a few differences to note:
- You won’t have to probate the foreign will in the State of Louisiana as long as it was probated in the “home state.” You can simply submit an authenticated copy of the will to the court as long as the will was considered valid under the home state laws. The Louisiana court will recognize the foreign will as being valid as long as it met the home state’s requirements.
- A personal representative must be appointed by the Louisiana court to handle the succession. The representative cannot do anything until this happens.
Once the authenticated copy of the will is provided to the court and the personal representative has been appointed: the regular succession rules and procedures will govern the action.
Do I Need an Attorney for an Ancillary Succession?
While you are free to prepare your own legal paperwork, a Louisiana ancillary succession may require you to seek the help of an attorney. There are many factors to consider and one mistake can cost you more money or delay the process. We offer free consultations to help you through the process.
When Would a Decedent’s Property Be Subject to Ancillary Probate in Louisiana?
Ancillary probate in Louisiana takes place when a non-resident dies while owning property in Louisiana. The Louisiana court only has jurisdiction over property in this state as the “home state” has jurisdiction and control over the other property owned by the non-resident. The succession must be initiated in the home state first, then the Louisiana ancillary succession can begin.
What is an Ancillary Executor?
An ancillary executor is an individual that was chosen to handle the succession of the deceased in a state other than the home state. The ancillary executor is named in a will left by the decedent in his/her domiciliary or home state. However, simply being named executor in another state doesn’t mean that individual will have authority to do the succession in Louisiana. The personal representative of the estate MUST be appointed by a court in Louisiana first.
Here’s an example:
A person owns property in Texas and Louisiana. He lived and died in Texas, but also had real estate in Louisiana. The main probate procedure will take place in Texas, his home state. However, only the Louisiana court will have jurisdiction over real estate located here.
A personal representative will be appointed by the Louisiana court and he or she will submit an authenticated copy of the will to the Louisiana court. That representative will then be able to handle the affairs of the deceased and regular rules and procedures of Louisiana successions will be available.
Can Heirs Sell Real Estate Without an Ancillary Succession?
No, the heirs to an estate will not be able to sell the property until they have completed the succession in Louisiana. It doesn’t matter if succession was already completed in the home state. If there’s real estate owned here, a succession will need to be completed before the heirs can sell the property in Louisiana.
How Long Will a Louisiana Ancillary Succession Take?
The time frame for completing Louisiana ancillary probate depends on a few factors:
- Is the main succession complete in the decedent’s home state?
- How much property is located in Louisiana?
- Is the property located in multiple parishes?
- Do you have all information regarding property?
- How backed up is the court system?
While it’s hard to give an exact amount of time it will take to complete the Louisiana ancillary succession process, it’s best to expect at least 6 to 8 weeks. Our office can complete the petitions relatively quickly as long as we have all of the information we need to proceed.
Can You Probate a Foreign Will in Louisiana?
If you have a will from another state, you may be wondering if it can be probated in Louisiana. A foreign will is a Last Will and Testament from another state outside of Louisiana. It must still meet the requirements for that particular state in order to be probated in Louisiana.
For example, Bob died while living in Texas with a will from Texas, but owned property in Louisiana and not Texas. His will was valid according to Texas estate laws. His heirs will be able to probate his foreign will in Louisiana since it was valid in Texas where he was domiciled at the time of his death.
An attorney will be able to prepare a Petition to Probate Foreign Testament for Bob’s estate and file it in the proper parish.
Can the Out-of-State Attorney that Filed the Original Succession File in Louisiana Also?
No, only a Louisiana attorney can file a matter in Louisiana courts. Louisiana succession laws are different than any other state and you will need an attorney that understands the law and can help you through the process.
How Much Does a Louisiana Ancillary Succession Cost?
The Andries Law Firm charges flat rate fees for uncontested successions all over Louisiana. We prefer to use flat rate fees because it lets the client know exactly how much the matter will cost. Flat rate fees also allow you to contact us for questions as often as you need since you have already paid for the service.
Contact our office for a quote on your Louisiana ancillary probate.
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Attorney Jerome Andries