Only Louisiana courts have jurisdiction over real estate located in Louisiana. When a non-resident of Louisiana dies owning real estate located in Louisiana, an ancillary probate is required in the state of Louisiana.
The term "ancillary probate" is referred to as an "ancillary succession" in Louisiana. Louisiana ancillary probate and ancillary succession mean the same thing and are used interchangably.
An ancilliary probate must be opened in a parish where the non-resident owned real property (referred to as "immovable property) in Louisiana.
Louisianan ancillary probate proceedings are very similar to a normal probate with a few exceptions:
A Small Successon Affidavit Procedure may be available to non-residents of Louisiana who died intestate (without a Will) or whose testament has been probated by a court of appropriate jurisdiction in another state. A small succession is defined as an estate with a gross value of less than one hundred twenty five thousand ($125,000.00) dollars. If the affidavit procedure is available, then an Affidavit in a certain form required by Louisiana law would be filed in the Conveyance Records of the Parish in which immovable property (real estate) is located in lieu of an ancillary probate.
A foreign Will is a Last Will and Testament executed under the laws of another state. An original foreign Will can be admitted to probate in Louisiana as long the foreign Will would be considered valid under the law of the state in which it was executed.
For uncontested matters, Theus Law Offices prefers to charge fixed fees for a number of reasons. First, no one likes to feel like they are on the clock and hourly rates could discourage you from sharing pertinent information, or leave you with a bad taste if you feel the matter could be handled more efficiently. We do not charge a percentage of the estate like some attorneys. Our fees are reasonable and fair.
If you would like a fixed fee quote, simply download and complete the Succession / Probate Worksheet (above) and return that to us at your convenience. Upon review, we will quote you a flat fee to the penny and if it makes sense to you, we will proceed with an engagement.
Whether you need a simple ancillary probate administration, or require additional legal assistance for a more complicated ancillary probate or a will contest in Louisiana, we provide comprehensive, experienced representation. Our Ancillary Estate Administration lawyers will guide you through the process with confidence and security.
Attorney J. Graves Theus, Jr. has been certified as a specialist in probate and estate administration by the Louisiana State Board of Legal Specialization. Theus Law Offices serves the entire State of Louisiana handling both small and large estates. In addition, Theus Law Offices has successfully litigated numerous contests involving wills and trusts.
If you have questions about an Ancillary Louisiana Succession, or any other ancillary probate topics, please contact our office to schedule a free consultation, or use the link below to schedule your Free 15-Minute Call with an experienced Ancillary Probate Lawyer in Louisiana.
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