If you’re reading this article, you may be wondering how long you can wait to file a Louisiana Succession. Maybe you just lost someone close to you and you can’t bear to even think about it, or your loved one passed away many years ago. Either way, we’re here to help.
You can file a succession at any point, however, it gets more difficult the longer you wait. Our Louisiana succession law firm has helped people file as early as the week after, as well as years after death.
I can tell you from experience, if you wait too long, money will get spent and property will deteriorate. We’ve done successions where we were tasked with putting a value on livestock that had died years prior and vehicles that had been diminished to rust buckets. It’s also difficult to track down bank accounts and life insurance policies at that point. People forget where things are and they end up sitting there for years and sometimes even decades before a succession is opened to put heirs into possession.
Do you have to file a succession as soon as the person dies? No, you do not. Sometimes it’s best to mourn and wait a while before dealing with the succession issues. I’ve had clients call me from the funeral to ask questions. Don’t do that. Spend time with your family and get closure. Our business can wait.
You can put someone in charge of dealing with and tying up loose ends. Most Louisiana Wills name an executor of the estate and their task is to wrap up the succession issues and make sure everything is handled properly. They are also the ones that are responsible for hiring the attorneys and getting legal representation for the estate. If this happens to be you, we can walk you through the process that you need to complete in order to wrap up the succession the quickest and easiest way possible.
How Long Does it Take to Complete A Succession?
It’s hard to tell exactly how long it will take to open a succession, file the appropriate paperwork and close the succession with a signed Judgment of Possession from the Judge. If we have everything we need and don’t have to search for items or heirs, we can usually get it complete in a matter of weeks. Remember, a portion of that time has to do with tracking things down and with the judge assigned to the matter and how long it takes their office to process the succession paperwork.
On the other hand, we’ve had successions that took nearly a year to complete due to extenuating circumstances such as community property that wasn’t dealt with before the individual passed away, missing property and other issues.
If you’re still in the estate planning process, be sure to let others know where certain properties and documents are. We usually recommend keeping a detailed binder in a safe place that lists items and where to find them. If you have named an executor in your will, be sure they have what they need to complete the job and don’t have to spend months searching. I’ve had executors come to me that had no idea where to find a single item. We were able to help, but it took much longer than it would have had they been provided with more detailed information regarding the estate.
If you need help with a Louisiana succession or are an out of state heir and have questions, just let us know! We’ve helped many families with their successions and would be happy to help you as well.
This article is meant for informational purposes only and does not provide legal advice. Contacting or reading the website does not form an attorney/client relationship with the law firm. It’s important that you contact our office with any questions regarding Louisiana successions as the laws are complex and continually changing. It is important that you do not base any legal decisions on articles contained on this website.
Attorney Jerome Andries
Louisiana Succession and Estate Planning Attorneys
Phone: (318) 229-1608
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Do I need to Hire a Probate Attorney?, How to Find out What Accounts a Deceased Individual Had, How Long Do I Have to File a Succession in Louisiana?, What Happens When a Spouse Dies Without a Will?, Louisiana Usufruct Law