R. Jerome Andries, Louisiana Succession Attorney
Louisiana Succession Defined
A Succession in Louisiana is the transmission of the estate of the deceased to his successors. The successors thus have the right to take possession of the estate of the deceased after complying with applicable provisions of Louisiana law.
The word succession refers to the probate process in Louisiana.
There are many types of Louisiana successions that we will discuss.
What is an Estate?
The word estate refers to the property, rights and obligations that someone leaves after his death. This also includes rights and obligations of the deceased that accrued since death.
Louisiana Successions are Testate or Intestate
There are two kinds of successions in Louisiana: testate and intestate. A succession will fall under one of these categories.
A succession is said to be testate if the deceased left a valid will under Louisiana law.
A succession is intestate if there was no will OR if the will was only partially valid or only disposed of part of the property.
Intestate Succession Law (Died Without Will)
If a person dies in Louisiana without a valid Last Will and Testament OR with a Will that doesn't dispose of all of your property, they have died intestate.
Louisiana has special laws regarding intestate successions. In the absence of a valid will, the undisposed property of the deceased devolves by operation of law.
What this means is if you DO NOT have a Last Will and Testament, then the State of Louisiana will provide one for you. The laws are rigid and it is very possible that your last wishes will not coincide with what the law provides. It is of utmost importance that you consult with an attorney and have a Will drafted to protect your interests.