Our office receives calls from all over the U.S. requesting assistance with filing ancillary probate in Louisiana from clients and other lawyers that need to file for their clients. We recently assisted a handful of clients and lawyers from California that needed help completing a Louisiana succession. Obviously, it didn’t make sense for them to constantly travel back and forth to handle the estate business, so they hired our firm to assist.
The situation was that the family moved to California but still owned real estate in Louisiana. The parents owned immovable property in multiple parishes and had bank accounts, so the children had to file a succession in California to be placed into possession of the property there, but also had to file ancillary probate or ancillary succession here in Louisiana for the property located here. The children wanted to sell the properties and split the proceeds from the bank accounts, but had to have the succession completed before they could move forward.
Here’s How We Assisted an Out-Of-State Client with a Louisiana Succession
First, we consulted with them to discover all property and to make sure everyone was on the same page. The parents didn’t have a will, so the children agreed to let one of them become the Administrator of the Estate to handle the banking transactions.
We drafted the Petition for Possession and what’s known as “Letters of Administration” to give them the ability to handle estate matters. If there is no Last Will and Testament, the “Letters” are called Letters of Administration. If there was a will naming an Executor or Executrix, then the “Letters” are called Letters of Executorship.
Next, we compiled every piece of property the couple had owned in Louisiana including movables and immovables such as real estate and put them in a list called a Detailed Descriptive List for the children to review.
Each document was mailed to the children in California to sign in front of a Notary Public closest to them so they didn’t have to drive all the way to Louisiana.
Once we received the documents back at our office, we sent the packet to the judge to review and sign.
Here are the Steps We Take for Ancillary Probate/Succession:
- Gather information regarding family, wills, property, locations, marriages, death, etc.
- Review the domiciliary probate filed in their home state.
- Draft required petitions, affidavits and other documents.
- Mail to client for signature.
- File the ancillary probate in the proper parish and stay in contact to ensure the judge signs all required documents.
The whole ancillary probate process didn’t take long since the children in California had all of their information ready to give to us upon hiring. We worked quickly and efficiently to close up the estate business so that the children could receive what was due to them.
Many clients have to do multiple successions in different states due to their parents or loved ones owning property across state lines. In this situation, you may need to do what’s called an ancillary succession in Louisiana. This happens when a succession is done in one state and another one must be done in Louisiana.
If there was property owned in Louisiana, then you must do a succession here and use a Louisiana succession attorney to file the proper paperwork.
We can help if you live out of state and don’t have time to travel to Louisiana to handle a succession matter. Our firm will walk you through the succession or probate process from beginning to end and answer any questions you may have along the way.
FOR NON-LOUISIANA LAWYERS: We have a program to assist out-of-state lawyers to file ancillary probate for their clients. Contact us for more information and to see how our firm can help yours.
The Andries Law Firm helps clients all over the U.S. with Louisiana succession matters. Contact us by sending a quick message detailing your situation and we will get back to you as soon as possible.
Louisiana Succession Attorney
R. Jerome Andries
Message Us: Jerome@AndriesLawFirm.com